Writ of habeas corpus filed by mother seeking release of daughter allegedly detained by a married man. Court found no illegal detention as the girl, being a major, consented to leave with the respondent. Writ dismissed.
Conversation of writ of habeas corpus dismissed; alleged detenue set at liberty to go wherever she desires.
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 11TH DAY OF OCTOBER 2018 / 19TH ASWINA, 1940
WP(Crl.).No. 394 of 2018
PETITIONER:
ZEENATH AGED 44 YEARS W/O.ABDUL KHAYOOB, PANCHAYATH COLONY, PUNNAPRA, ALAPPUZHA DISTRICT- 688004
BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001
4 SAFEER VRIKSHA VILASOM THOPE, NEAR GURU MANDIRAM, VANDANAM P.O., ALAPPUZHA DISTRICT-688 001
SR.GP SRI K.B. RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
C.K.Abdul Rehim, J
Mother of a girl named Sajnamol is the petitioner herein, approaching this court seeking a writ of habeas corpus for directing production of the corpus of Sajnamol (hereinafter referred to as 'the alleged detenue') and to set her at liberty, based on an allegation that she is being detained illegally by the 4th respondent.
W.P.(Crl) No.394/2018
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another person which was scheduled to be conducted in December 2018, for which a betrothal ceremony was already conducted. With respect to the missing of the alleged detenue the petitioner lodged a complaint before the police authorities. Alleging that the police is not taking any effective steps to rescue the alleged detenue and further alleging that she is under illegal confinement, the above writ petition is filed.
W.P.(Crl) No.394/2018
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Court, Ambalapuzha on yesterday. As per the direction issued by the learned Magistrate, she is produced before this court on today.
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marrying the alleged detenue.
Under the above mentioned circumstances, we do not find any basis for the allegations of illegal detention raised in the writ petition. Hence this court cannot exercise jurisdiction vested under Article 226 of the Constitution of India for issuance of any writ of habeas corpus. Consequently the writ
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petition fails and the same is hereby dismissed. The alleged detenue is set at liberty to go wherever she desires.
(sd/-)
C.K.ABDUL REHIM, JUDGE
(sd/-)
R.NARAYANA PISHARADI, JUDGE
jsr
W.P.(Crl) No.394/2018
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE HIGHER SECONDARY CERTIFICATE NO.HSE 3/2018/109892 OF THE PETITIONER'S DAUGHTER SAJNAMOL
EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.09.2018
RESPONDENTS' EXHIBITS:
NIL
TRUE COPY
PS TO JUDGE
2 issues framed by the court
Whether the petitioner is entitled to writ of habeas corpus for production and release of the alleged detenue based on allegations of illegal confinement.
Whether alleged accompagne ment by a married individual of the alleged detenue amounts to illegal detention given her consent and age of majority.
Colour shows how this judgement treated each authority
Sharin Jahan vs. Ashokan K.M & OthersRelied on¶37
Sharin Jahan vs. Ashokan K.M & Others (2018(2) KLT 571 (SC)
Nandakumar and another vs. State of Kerala and othersRelied on¶37
Nandakumar and another vs. State of Kerala and others (AIR 2008 SC 2254) · Who else cites this
1 provisions across 1 enactments
Zeenath
State of Kerala
District Superintendent of Police Alappuzha
Circle Inspector of Police Punnapra
S areeef Vriksha Vilasom Thope
C.K.Abdul Rehim
R.Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
C.K.Abdul Rehim and R.Narayana Pisharadi
Parties & counsel
