Disposed

Usman K.A v. State of Kerala

Kerala HC8 Oct 2018WP(Crl.)/331/2018

Case brief

AI extract

What is this about?

Petitioner challenged illegal confinement. Court had earlier directed marriage registration to close the case. Upon production of marriage certificate registered on 3.10.2018, court closed the writ petition and made the earlier order absolute, explicitly excluding any decision on the marriage's validity.

What did the court decide?

The writ petition was closed and the order passed on 21.8.2018 was made absolute.

Usman K.A Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

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THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

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MONDAY ,THE 08TH DAY OF OCTOBER 2018 / 16TH ASWINA, 1940

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WP(Crl.).No. 331 of 2018

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PETITIONER/S:

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USMAN K.A S/O.ABDULLA, AGED 50 YEARS, KALLANGAI HOUSE, MOKARAL PUTHUR P.O., KUDLU VILLAGE, KASARKODE DISTRICT671124.

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BY ADVS. SRI.M.MUHAMMED SHAFI SMT.T.RASINI

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM695 001.

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2 THE SUPERINTENDENT OF POLICE KASARAGODE, KASARAGODE DISTRICT-671 121.

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3 THE SUB INSPECTOR OF POLICE KASARAGODE POLICE STATION, KASARAGODE DISTRICT-671 121.

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4 VIJESH BABU S/O.RAJAN, AGED 29 YEARS, ATHIPARAMBATH HOUSE, KARAPPARAMBA PALLIKKAL P.O., MALAPPURAM DISTRICT-673 634.

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ADDL.R5 SUO MOTU IMPLEADED

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5 THE LOCAL REGISTRAR OF MARRIAGES SECRETARY, CORPORATION OF KOZHIKODE, KOZHIKODE - IS SUO MOTU IMPLEADED AS PER ORDER DATED 14-09-2018 IN WP(CRL) 331/2018.

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BY ADVS. P V SURENDRANATH SMT.ANJU ANILKUMAR SMT.BINDUMOL JOSEPH SRI.B.S.SYAMANTHAK

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WP(Crl.).No. 331 of 2018

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SRI.C.K.MOHANAN R1 TO R3 SR.GP. SRI. K.B.RAMANAND,

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B.S. SYAMANTHAK SC,ADDL.R5-SRI.

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(Crl.).No. 331 of 2018

JUDGMENT

Abdul Rehim, J

By virtue of a detailed order passed by this court on 21.8.2018, it was found that the allegations of illegal confinement raised in the writ petition was totally baseless. The alleged detenue was allowed to go along with the 4^th respondent. However, the writ petition was not closed because the parties were directed to produce the 'Certificate of Marriage', after registering their marriage under the provision of the Kerala Registration of Marriages (common) Rules, 2008.

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Thereafter, this court through the orders passed on 14.09.2018 and on 26.09.2018, impleaded the additional 5^th respondent and issued necessary directions to register the marriage under provisions of the Common Rules, without insisting for production of any further proof regarding dissolution of the earlier marriage of the alleged detenue.

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Today, when the cases is taken up for consideration, learned counsel appearing for the 4^th respondent had produced the 'Certificate of Marriage' issued by the Additional 5^th respondent, for our perusal. The Standing Counsel appearing for

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WP(Crl.).No. 331 of 2018

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the 5^th respondent submitted that a copy of the said certificate has already been produced along with a memo. On a perusal of the 'Certificate of Marriage' it is evident that, the marriage solemnised between the 4^th respondent and the alleged detenue was registered under the Kerala Registration of Marriages (common) Rules, 2008 on 3.10.2018.

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Based on production of 'Certificate of Marriage', the above writ petition is hereby closed, making the order passed by this court on 21.8.2018 absolute.

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We make it clear that this court has not decided anything on the question of validity of the marriage solemnised between the alleged detenue and the 4^th respondent.

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Sd/-C.K. ABDUL REHIM, Judge

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Sd/-R.NARAYANA PISHARADI, Judge

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lsn

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WP(Crl.).No. 331 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE FIRST INFORMATION STATEMENT.

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RESPONDENTS EXHIBITS : NIL

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TRUE COPY P.A TO JUDGE

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LSN

Usman K.A v. State of Kerala

Case brief

What is this about?

What did the court decide?

Usman K.A v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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