Allowed

Sumesh S., v. State of Kerala

Kerala HC4 Oct 2018WP(Crl.)/362/2018

Case brief

AI extract

What is this about?

In a criminal writ petition for habeas corpus, the petitioner sought the production of his fiance who was detained by her parents. The court allowed the petition after the parents produced the daughter but refused to marry the petitioner. Upon her return with the petitioner accompanied by a registered marriage certificate, the court dismissed the petition and set the detenue at liberty.

What did the court decide?

The writ petition is disposed of by setting the alleged detenue at liberty to go along with the petitioner for leading a marital life with him based on the marriage solemnized.

Sumesh S., Vs State of Kerala — Child Custody and Guardianship | 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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THURSDAY ,THE 04TH DAY OF OCTOBER 2018 / 12TH ASWINA, 1940

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WP(Crl.).No. 362 of 2018

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PETITIONER:

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SUMESH S., AGED 22 YEARS S/O.SUBRAMANIAN, RESIDIGN AT HOUSE NO. 15/319, DEVAN ESTATE NO.2, DEVARSHOLAI POST, GUDALUR, NOW RESIDING AT MARKSMAN MARINE PRODUCTS PVT. LTD., BINANIPURAM, 683502

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BY ADV. PEEYUS A.KOTTAM

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RESPONDENTS:

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1 STATE OF KERALA

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REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANNATHAPURAM-695001.

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2 CIRCLE INSPECTOR OF POLICE, RANNI POLICE STATION. PIN-689673

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3 SUB INSPECTOR OF POLICE RANNI POLICE STATION. PIN-689673

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4 VISWANATHAN NAIR (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), PARATHUNDIYIL, VELLIYARA P.O., AIROOR, PATHANAMTHITTA-689612

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5 JAYASREE AGED 50 YEARS W/O.VISWANATHAN NAIR, PARATHUNDIYIL, VELLIYARA P.O., AIROOR, PATHANAMTHITTA-689612

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OTHER PRESENT:

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SR.GP SRI. K.B.RAMANAND

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(Crl) No. 362/2018

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-:2:-

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C.K. ABDUL REHIM, &

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R. NARAYANA PISHARADI, JJ.

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-----------------------------------------------------

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W.P.(Crl) No. 362 OF 2018 S

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-------------------------------------------------------

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Dated this the 4^th day of October, 2018

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J U D G M E N T

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Abdul Rehim, J.

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The petitioner is approaching this court raising an allegation that his fiance namely Miss. Viji Nair is under the illegal detention of her parents, who are the respondents 4 and 5 herein. It is stated that the petitioner and Miss. Viji Nair(hereinafter referred to as 'the alleged detenue') had taken a decision to get married under provisions of the Special Marriage Act and to live together as husband and wife. They have executed Ext.P1 agreement expressing their desire to the

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above effect, before a Notary Public, on 13.08.2018. On 14.08.2018 the alleged detenue went back to her parental home. But thereafter she had not contacted him. Later the

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W.P.(Crl) No. 362/2018

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-:3:-

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petitioner got a message that the alleged detenue is being kept under illegal confinement by respondents 4 and 5. Under such circumstances, the petitioner is seeking a writ of Habeas Corpus for directing production of the corpus of the alleged detenue and to set her at liberty.

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Pursuant to notice issued from this court the respondents 4 and 5 appear and produce the alleged detenue before this court on 13.09.2018. On interaction with the alleged detenue she expressed her strong desire to go along with the petitioner. The respondents 4 and 5 are not agreeable to solemnize a marriage with the petitioner. The alleged detenue was permitted to go along with the petitioner as desired by her, based on the promise made by the petitioner that a customary marriage under the rites prevailing in his community will be solemnized and that steps will be taken to register the marriage under the relevant statute. The case was adjourned thereafter for production of the Marriage Registration Certificate.

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Today, when the case is taken up, the petitioner as

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W.P.(Crl) No. 362/2018

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-:4:-

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well as the alleged detenue are personally present. They have produced a 'Certificate of Registration of Marriage' issued under the Tamil Nadu Registration of Marriages Act, 2009, issued by the Registrar of Marriages, Gudallur(Sub Registrar, Gudallur) on 19.09.2018. Evidently, the marriage solemnized between the parties on 16.09.2018 was registered on 19.09.2018 under the above said statute.

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Under the above mentioned circumstances, the above writ petition is hereby disposed of by setting the alleged detenue at liberty to go along with the petitioner for leading a marital life with him based on the marriage solemnized.

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Sd/- C.K. ABDUL REHIM, JUDGE .

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Sd/- R. NARAYANA PISHARADI, JUDGE .

ul/-

[True copy]

P.S. to Judge.

W.P.(Crl) No. 362/2018

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-:5:-

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1

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TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND DETENDUE VIJI DATED 13/8/2018 INFRONT OF A NOTARY PUBLIC, GUDALUR.

Sumesh S., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sumesh S., v. State of Kerala

Case brief

What is this about?

What did the court decide?

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