Petitioner filed writ for release of his wife alleging her illegal detention by her father following a solemnized marriage. Court produced the wife who denied detention but admitted marriage was by compulsion and expressed desire to return home.
Writ petition dismissed; alleged detenue admitted and set at liberty to go with the 4th respondent.
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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 04TH DAY OF OCTOBER 2018 / 12TH ASWINA, 1940
WP(Crl.).No. 388 of 2018
PETITIONER:
VISHNU DAS J. AGED 32 YEARS S/O JAYACHANDRAN KADASSERIL HOUSE, THATTAMALA P. O, KOLLAM-691020
BY ADVS. SRI.M.KIRANLAL SRI.MANU RAMACHANDRAN SRI.T.S.SARATH SRI.T.S.SARATH
RESPONDENTS:
1 THE DIRECTOR GENERAL OF POLICE KERALA STATE (LAW AND ORDER) POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 695001.
4 G.L. BABU, B.S. BHAVAN, POOTHAKKULAM, PUTHENKULAM.P.O., KOLLAM DISTRICT - 691302.
BY ADV. SR. GOVERNMENT PLEADER SRI.K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl) No. 388/2018
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C.K. ABDUL REHIM, &
R. NARAYANA PISHARADI, JJ.
----------------------------------------------------W.P.(Crl) No. 388 OF 2018 S
-------------------------------------------------------
Dated this the 4th day of October, 2018
J U D G M E N T
Abdul Rehim, J.
The petitioner is approaching this court raising an allegation that his legally wedded wife Mrs.Arya. S. is under
the illegal detention of the 4th respondent, who is her father, against her free will. On that basis the petitioner is seeking a writ of Habeas Corpus for commanding production of the corpus of Mrs.Arya.S.(hereinafter referred to as 'the alleged detenue') and to set her at liberty and permit her to go with the petitioner.
between the petitioner and the alleged detenue was solemnized
under the provisions of the Special Marriage Act on 20.12.2017
W.P.(Crl) No. 388/2018
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before the Marriage Officer, Eravipuram. Ext.P1 Certificate of
Marriage is produced as proof of the above fact. It is stated that, when the factum of solemnization of the marriage was came to the notice of the 4th respondent and other family members of the alleged detenue, she was detained against her free will and the petitioner was not allowed to contact her. Under such circumstances the above writ petition is filed alleging wrongful and illegal confinement of the alleged detenue by the 4th respondent.
she had never lived with the petitioner, despite solemnization of the marriage. According to her, she is not intending to pursue
any relationship with the petitioner. It is stated that, steps are
W.P.(Crl) No. 388/2018
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being taken to get the marriage legally dissolved by approaching the appropriate court. She had emphatically denied the allegations of illegal detention and expressed her
desire to go back to her parental home along with the 4th respondent.
Under the above mentioned circumstances, we do not find any basis for the allegation of illegal confinement. Hence this writ petition fails and the same is hereby dismissed. The alleged detenue is set at liberty to go along with the 4th respondent, as desired by her.
Sd/- C.K. ABDUL REHIM, JUDGE . Sd/- R. NARAYANA PISHARADI, JUDGE .
ul/-
W.P.(Crl) No. 388/2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 20.12.2017.
2 issues framed by the court
Whether the alleged detenue was illegally detained by the father despite her plea of marriage by compulsion.
Whether there is any basis for a writ of Habeas Corpus when the detenue is produced and appears willing to return home.
VISHNU DAS J.
ARYA S.
DIRECTOR GENERAL OF POLICE KERALA STATE
DISTRICT POLICE CHIEF COMMISSIONER OF POLICE KOLLAM DISTRICT
SUB INSPECTOR OF POLICE PARAVUR
G.L. BABU
C.K. ABDUL REHIM
R. NARAYANA PISHARADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
