The High Court dismissed a writ petition for habeas corpus challenging the illegal confinement of a young woman. The court found the woman was free and staying with her uncle, intending to marry the petitioner after completing her studies.
The writ petition was dismissed, and the alleged detenue was permitted to remain with her uncle.
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
THURSDAY ,THE 06TH DAY OF SEPTEMBER 2018 / 15TH BHADRA, 1940
WP(Crl.).No. 352 of 2018
PETITIONER:
USMAN.T.M
AGED 30 YEARS, S/O SHRI MOIDU T.P. THAZHATH HOUSE, THIRUVATHRA.P.O., CHAVAKKAD, THRISSUR
BY ADV. SANGEETHA LAKSHMANA
RESPONDENTS:
1 STATE OF KERALA REPRESENTING THE INSPECTOR GENERAL OF POLICE THRISSUR RANGE, HIGH ROAD, THRISSUR 680001
W.P.(Crl) No. 352 /2018
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5 ABDUL MANAF, PUTHUVEETTIL KOTTILINGAL HOUSE, KASHMEER ROAD, PUTHUMANASSERY, PAVARATTY PO., THRISSUR 680507, MOB : 9137333888.
6 SALIM M.M., PUTHUVEETTIL KOTTILINGAL HOUSE, KASHMEER ROAD, PUTHUMANASSERY, PAVARATTY PO., THIRRUR 680507, MOB:9137333888.
BY ADV. PUBLIC PROSECUTOR
OTHER PRESENT:
SR GOVERNMENT PLEADER SRI K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Abdul Rehim, J.
The petitioner is approaching this court seeking a writ of Habeas Corpus for directing production of the corpus of Miss Fathima Abdul Manaf(hereinafter referred to as 'the alleged detenue'), based on the allegations that she is under illegal confinement of the respondents 5 and 6. The 5th respondent is
the father of the alleged detenue and 6th respondent is her uncle.
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alleged detenue. But they were reluctant to agree for the marriage. Thereafter it was came to the knowledge of the petitioner that, parents of the alleged detenue are on the look out for another alliance for the detenue. In December, 2017 the alleged detenue informed the petitioner that her family members are torturing her for agreeing for another marriage. Thereafter the petitioner returned to his place of work. But he has to come back on the request of the alleged detenue and they decided to get married on their own. Accordingly on 07.07.2018 the alleged detenue joined the petitioner. At that time the 5th respondent came to the petitioner's house and they had a discussion and it was mutually agreed by the elders of both the families that the alleged detenue will be accommodated in a hostel and a marriage ceremony will be conducted. Accordingly the alleged detenue was admitted to the Hostel on 8.07.2018. But the parents of the alleged detenue had backed out from their promise. They have taken the alleged detenue from the hostel. It is alleged that the respondents 5 and 6 and their
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relatives are keeping the alleged detenue under illegal detention without permitting her to contact the petitioner in any manner. Even though the petitioner had approached respondents 3 and 4 with a complaint, seeking for rescue of the alleged detenue, they have not taken any earnest efforts. Hence the above writ petition is filed.
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are convinced that there is no basis for the allegations of illegal confinement. Therefore the above writ petition fails and the same is hereby dismissed. The alleged detenue is set at liberty and permitted to go along with the 6th respondent, as desired by her.
Sd/- C.K. ABDUL REHIM, JUDGE .
Sd/- R. NARAYANA PISHARADI, JUDGE .
ul/-
[True copy]
P.S. to Judge.
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOGRAPHS (4 IN NUMBER) OF THE PETITIONER AND HIS FIANCEE TOGETHER
EXHIBIT P2
TRUE COPY OF THE REPRESENTATION DT. 20.08.2018 PLACED BY THE PETITIONER BEFORE RESPONDENTS 3 & 4 AND THE RECEIPTS THEREUPON
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DT. 20.08.2018 PLACED BY THE PETITIONER BEFORE RESPONDENTS 1 & 2 AND THE RECEIPTS THEREUPON
EXHIBIT P4 TRUE COPY OF THE DEPOSIT/PAY IN SLIP DT. 16.07.2018 ISSUED BY THE STATE BANK OF INDIA, VADANAPPALLY BRANCH
EXHIBIT P5
TRUE COPY OF THE ORDER DT. 18.07.2018 PASSED BY THIS HON'BLE COURT IN WPC NO. 23960/2018
3 issues framed by the court
Whether there is evidence of illegal confinement of the apparent detenue based on her own statement and conduct.
Whether the relief of habeas corpus should be granted in favour of the petitioner to free the apparemt detenue.
Whether the petitioner's objections to the marriage should override the apparent detenue's decision to remain with her guardian for studies.
Usman.T.M
Abdul Manaf
Salim M.M.
State of Kerala
C.K. Abdul Rehim
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
