Petition filed under Article 226 for Habeas Corpus alleging illegal confinement of a young woman by her brother. Court observed detenue wished to return with brother and denied allegations, dismissing the petition.
None; writ petition dismissed; alleged detenue set at liberty to go with respondent.
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 C.K.ABDUL REHIM
&
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
MONDAY ,THE 10TH DAY OF SEPTEMBER 2018 / 19TH BHADRA, 1940
WP(Crl.).No. 343 of 2018
PETITIONER/:
SHAN PASHA
AGED 24 YEARS, S/O. LATE MOHAMMED PASHA, NOW RESIDING AT SHAN MANZIL, OPPOSITE SH HIGH SCHOOL, NEAR RAILWAY OVERBRIDGE, CHANAGANASSERY, KOTTAYAM - 686 101. 686101
BY ADV. MANJUNATH MENON
RESPONDENTS:
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001
W.P.(Crl). 343/2018
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6 SASIKALA.A.A., AMBALATHARA HOUSE,NADAYIL,NOOLUVALLY,MAVINCHOD,CHEMBUCHIRA,KODAKA RA,MANAKULANGARA,THRISSUR. 680684
BY GOVERNMENT PLEADER SRI.K.B.RAMANAND
OTHER PRESENT:
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
C.K. Abdul Rehim, J.
The petitioner is invoking the jurisdiction vested on this Court under Article 226 of the Constitution of India for issuing a writ of Habeas Corpus for directing production of the corpus of Miss.Anusree N.S.(hereinafter referred to as the alleged detenue, who is the D/o of the 6th respondent, based on an allegation that the 6th respondent is illegally detaining her against her free will.
2. Averments are to the effect that, the petitioner got acquainted with the alleged detenue at Changanassery, where she was studying for B.F.T (Fashion Technology) course at the Assumption College, Changanassery. Their intimacy developed into deep love and they have decided to marry each other. But the 6th respondent is against their decision. Even though the alleged detenue come along with him on 10.8.2018, the 6th respondent had taken back her on the next day itself. It is alleged that, thereafter the alleged detenue is kept under confinement
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even without permitting her to contact with the petitioner in any manner. Hence the petitioner is seeking release of the alleged detenue from the alleged illegal confinement.
3. Pursuant to notice issued from this Court, the 6th respondent appeared and produced the alleged detenue before this Court on today. When we interacted the alleged detenue said that, she is intending to go back along with the 6th respondent. She denied the allegations of illegal confinement. According to her, she has not take any decision to marry the petitioner, at present.
4. In the above mentioned circumstances, we do not find any basis for the allegations of illegal confinement. Consequently, the writ petition fails and the same is hereby dismissed. The alleged detenue is set at liberty to go along with 6th respondent, as decided by
her.
Sd/-
C.K.ABDUL REHIM JUDGE
Sd/R.NARAYANA PISHARADI JUDGE
al/-
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXT.P1-TRUE COPY OF PHOTOGRAPHS OF THE DETENUE WITH THE PETITIONER..
RESPONDENTS EDHIBITS : NIL
TRUE COPY
P.S TO JUDGE
1 issue framed by the court
Whether the allegations of illegal confinement against the alleged detenue are sustainable in light of her expressed intent to return with the respondent.
Shan Pasha
State of Kerala
Sasikala.A.A.
C.K. Abdul Rehim
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
