Held on habeas corpus petition alleging illegal detention. Court found allegations of bad character unproven but acknowledged financial and age gaps. General advice given that parents cannot force an unwanted marriage upon the daughter.
Parents of the girl directed not to impose any marriage on her to which she is not agreeable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE P.D.RAJAN
FRIDAY, THE 15TH DAY OF FEBRUARY 2013/26TH MAGHA 1934
WP(Crl.).No. 70 of 2013 (S)
PETITIONER: -----------
JOHN VINITH DOMNIC, AGED 26 YEARS S/O.DOMINIC K.U, PERMANENT RESIDENT OF 82A/A1 VALLUVAR NAGAR, ANNADHANAPATTI, SALEM-636 002 TAMILNADU, PRESENTLY RESIDING AT SRA-5 KARUKAPILLIL HOUSE, PUTHIYAKAVU, TRIPUNITHURA ERNAKULAM.
BY ADV. SRI.SREEJITH S.NAIR
RESPONDENTS:
1. THE CIRCLE INSPECTOR OF POLICE NILAMBUR CIRCLE OFFICE, PIN-679 329.
2. THE SUB INSPECTOR OF POLICE EDAKKARA POLICE STATION, MALAPPURAM DISTRICT PIN-679 331.
3. JOY @ SUNNY THANNICKAMMATATHIL HOUSE, KOWKKAD.P.O, EDAKARA NILAMBUR, MALAPPURAM. PIN-679 331.
R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R3 BY ADV. SRI.JOBI JOSE KONDODY
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VK
WP(Crl.).No. 70 of 2013 (S) ---------------------------
APPENDIX
--------
PETITIONER(S) EXHIBITS
EXT.P1- TRUE COPY OF THE DEGREE CERTIFICATE CONFERRING B.SC NURSING SCIENCE DEGREE TO THE PETITIONER IN THE YEAR 2009.
EXT.P2- TRUE COPY OF THE CERTIFICATE OF EMPLOYMENT ISSUED TO THE PETITIONER BY M/S BEE INTERNATIONAL.
EXT.P3- THE PHOTOGRAPHS OF THE PETITIONER AND SEETHU JOY TAKEN TOGETHER.
RESPONDENTS' EXHIBITS: NIL ----------------------
/ TRUE COPY /
P.A. TO JUDGE
VK
PIUS C.KURIAKOSE &
P.D.RAJAN JJ. -----------------------W.P.(Crl.) . NO. 70 OF 2013
Dated this the 15th day of February, 2013
JUDGMENT
Pius C.Kuriakose,J
In this writ petition wherein the petitioner a young man complains that one Seethu Joy with whom he is in deep love and to whose parents his parents had given a marriage proposal is being illegally detained by the 3rd respondent her father, we on 12/2/2013 passed the following order:
“Not admitted. Sri.Biju Meenattur, Senior
Government Pleader takes notice on behalf of the official respondents. Sri. Biju will seek instructions from the concerned among them as to th correctness of the allegations and as to the status of the investigation if any conducted so far. Issue notice on admission by special messenger to the 3rd respondent. 3rd respondent is directed to
W.P.(Crl.) No.70 /2013
2
produce Seethu Joy his daughter before this court at 10.15 A.m. on 15/2/2013 and show cause why the above order for production should not be made absolute.”
Pleader has placed before us the report submitted by the 2nd respondent pursuant to the above order. The above report will form part of this order. The report is to the effect that though the petitioner and his father had placed marriage proposal regarding the marriage between the petitioner and Seethu Joy, Seethu Joy's parents ,on becoming convinced that the petitioner will not be a good husband for their daughter, rejected the proposal. As regards the allegation of detention, it is reported that the said allegation is not correct and the 2nd respondent found Seethu Joy to be an absolutely free person and not under anybody's detention.
W.P.(Crl.) No.70 /2013 3
as to whether she is under the detention of her parents, as the petitioner alleges, she told us that though her parents have imposed certain restrictions on her in the matter of her relationship with the petitioner, she is not prepared to say that she is under illegal detention.
W.P.(Crl.) No.70 /2013 4
he wants a decision regarding his marriage to the girl Seethu Joy to be taken at the earliest. We advised the girl's parents to permit the boy's parents to approach them once again in their house with marriage proposal as we found the boy to be a proper match for the girl.
The writ petition is disposed of. We direct the parents of the girl not to impose any marriage on her to which she is not agreeable.
Issue copy to the learned counsel for the parties.
Sd/-
PIUS C.KURIAKOSE, JUDGE Sd/-
P.D.RAJAN JUDGE.
dpk
W.P.(Crl.) No.70 /2013 5
/True copy/ P.A to Judge
W.P.(Crl.) No.70 /2013 6
3 issues framed by the court
Whether the writ of Habeas Corpus should be issued regarding allegations of illegal detention in a matrimonial dispute.
Whether the girl is freely consenting to a marriage proposal by her parents.
Whether parents can force a marriage proposal against the daughter's will.
JOHN VINITH DOMNIC
THE CIRCLE INSPECTOR OF POLICE NILAMBUR CIRCLE OFFICE
THE SUB INSPECTOR OF POLICE EDAKKARA POLICE STATION
JOY @ SUNNY THANNICKAMMATATHIL
PIUS C.KURIAKOSE
P.D.RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
