Writ petition filed for habeas corpus regarding alleged illegal confinement of the daughter of the 5th respondent during marriage negotiations. Upon production, the detenue denied detention, claimed residence by wish, and expressed desire to return home. Writ dismissed.
Petition dismissed; alleged detenue set at liberty with her mother and family members.
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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
FRIDAY ,THE 05TH DAY OF OCTOBER 2018 / 13TH ASWINA, 1940
WP(Crl.).No. 391 of 2018
PETITIONER:
P.ANSAR AGED 27 YEARS
S/O ABDUL HAMEED, RESIDING AT PAKKATH, KARIPOL PO, VALANCHERY, MALAPPURAM DISTRICT.
BY ADVS. SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH
RESPONDENTS:
REP BY SECRETARY TO HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001
OTHER PRESENT:
SR.GP .SRI.K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl) No. 391/2018
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C.K. ABDUL REHIM,
& R. NARAYANA PISHARADI, JJ.
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W.P.(Crl) No. 391 OF 2018 S
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Dated this the 5th day of October, 2018
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. Sulafa(hereinafter referred to as 'the alleged detenue'), who is
the daughter of the 5th respondent and to set her at liberty, based on the allegation that she is under illegal confinement of the 5th respondent and other family members, against her free will.
the alleged detenue were in love and they have decided to get married. The alleged detenue came out of her house voluntarily
on 18.08.2018, in order to join the petitioner. But the 5th
W.P.(Crl) No. 391/2018
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respondent and other family members have taken back her giving a promise that they will arrange a marriage of the alleged detenue and the petitioner. But, on deviating from the promise, the alleged detenue is now kept under confinement by curtailing her liberty and by preventing her from contacting the petitioner in any manner, is the allegation. Hence the writ petition is filed.
parents on her own wish and will. She expressed the desire to
W.P.(Crl) No. 391/2018
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go back to her parental home.
not find any basis for the allegation of illegal detention. Consequently, the above writ petition fails and the same is hereby dismissed. The alleged detenue is set at liberty to go along with the mother and other family members, who are present before this court, as desired by her.
Sd/- C.K. ABDUL REHIM, JUDGE .
Sd/- R. NARAYANA PISHARADI, JUDGE .
ul/-
[True copy]
P.S. to Judge.
2 issues framed by the court
Whether the petitioner has established a prima facie case of illegal detention of the alleged detenue.
Whether the allegation of illegal confinement of the alleged detenue by the 5th respondent and family members is founded.
P.ANSAR
STATE OF KERALA
SUPERINTENDENT OF POLICE (RURAL) MALAPPURAM
CIRCLE INSPECTOR OF POLICE, VALANCHERY
THE STATION HOUSE OFFICER, VALANCHERY
ABDUL NAZER
C.K.ABDUL REHIM
R. NARAYANA PISHARADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
