Dismissed

Dinolge Thomas v. Superintendent of Police

Kerala HC9 Oct 2018WP(Crl.)/349/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition by setting the alleged detenue at liberty to live with the petitioner, relying on the production of a marriage certificate issued under Section 13 of the Special Marriage Act, 1954, solemnized on 08.10.2018.

What did the court decide?

The alleged detenue was set at liberty to go along with the petitioner to lead a marital life.

Dinolge Thomas Vs Superintendent of Police — Criminal Trial and Appeal | 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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TUESDAY ,THE 09TH DAY OF OCTOBER 2018 / 17TH ASWINA, 1940

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WP(Crl.).No. 349 of 2018

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PETITIONER/S:

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DINOLGE THOMAS AGED 25 YEARS S/O M. O. THOMAS

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BY ADVS. SRI.S.RENJITH SRI.K.R.PRATHISH

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RESPONDENT/S:

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1 SUPERINTENDENT OF POLICE ALUVA RURAL,ERNAKULAM – 683 101

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2 CIRCLE INSPECTOR OF POLICE NEDUMBASSERY POLICE STATION NEDUMBASSERY, KALADY, ERNAKULAM-683 585 3 JACOB, AGED 53,S/O GEERVASEES THEKKEKARA HOUSE, VAPPALASSERY P.O., NEDUMBASSERY, PARAKKADAVU, ANGAMALY ERNAKULAM-683 572

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R1 & R2 SR GP. SRI. K.B.RAMANAND

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(Crl.).No. 349 of 2018

JUDGMENT

Abdul Rehim, J

By virtue of the order passed on 5.9.2018, this court had set at liberty the alleged detenue to go along with the petitioner, as per her desire. It was specifically directed that, the petitioner should admit the alleged detenue at the College Hostel of the Government Medical College, Kozhikode, after submitting the 'notice of intended marriage' for solemnisation of their marriage under the Special Marriage Act, before the Sub Registrar Office concerned.

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Thereafter when the case was taken up for consideration on 12.9.2018, the petitioner had produced proof regarding submission of the 'notice of intended marriage' before the appropriate authority. This court permitted the alleged detenue to appear before the Marriage Officer for solemnisation of the marriage on completion of the statutory period of 30 days from the date of submission of the 'notice of the intended marriage'. The case was adjourned for production of the Marriage Certificate.

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WP(Crl.).No. 349 of 2018

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Today when the case is taken up for consideration, both the petitioner as well as the alleged detenue are personally present. Learned counsel appearing for the petitioner had produced for our perusal a copy of the 'Certificate of Marriage' issued by the Marriage Officer, Ramapuram, Kottayam, dated 8.10.2018. It is evident that the marriage between the petitioner and the alleged detenue was solemnised under Section 13 of the Special Marriage Act, 1954 on 08.10.2018.

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Under the above mentioned circumstances, the above writ petition is hereby disposed of by setting the alleged detenue to go along with the petitioner to lead a marital life with him on the basis of the marriage solemnised between them.

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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. 349 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT.P1 : COPY OF THE PHOTOGRAPH OF THE PETITIONER WITH DETENUE. EXT.P2 : COPY OF THE COMPLAINT DATED 20.08.2018 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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RESPONDENTS EXHIBITS : NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Dinolge Thomas v. Superintendent of Police

Case brief

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Dinolge Thomas v. Superintendent of Police

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