Dismissed

Amal Ravi v. State of Kerala

Kerala HC8 Nov 2018WP(Crl.)/416/2018

Case brief

AI extract

What is this about?

Petitioner filed a writ of Habeas Corpus seeking production of the 3rd respondent's sister alleging illegal confinement after marriage. The family filed a missing person case; the girl was found abroad. Affidavits obtained from her confirmed she left voluntarily and regretted the events. The writ was dismissed for lack of basis for apprehension of illegal confinement.

What did the court decide?

Ordered that jurisdiction to issue writ of Habeas Corpus is not invoked; the writ petition is dismissed.

Amal Ravi Vs State of Kerala — Matrimonial and Divorce | 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 T.V.ANILKUMAR

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THURSDAY ,THE 08TH DAY OF NOVEMBER 2018/17TH KARTHIKA, 1940

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WP(Crl.).No. 416 of 2018

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PETITIONER:

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AMAL RAVI, S/O RAVI, KAKKOTTUPUTHEN VEEDU, ALAVOOR, CHANNAPETTA P O, ALAYAMON VILLAGE, PUNALUR TALUK

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BY ADVS. SRI.A.K.HARIDAS SMT.S.R.REMYA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031

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2 STATION HOUSE OFFICER CHENGANNUR POLICE STATION, CHENGANNUR-689121

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3 NAVEEN BOBAN

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JYOTHIS, KARAKKAD P.O, MULAKKUZHA, ALAPPUZHA689504

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BY ADV. DIRECTOR GENERAL OF PROSECUTION

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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 COME UP FOR ADMISSION ON 08.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(Crl) No. 416/2018

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C.K. ABDUL REHIM

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& T.V. ANILKUMAR, JJ.

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

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W.P.(Crl) No. 416 OF 2018 S

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

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Dated this the 8^th day of November, 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 seeking a writ of Habeas Corpus for commanding production of the corpus of Miss. Neha Boban(hereinafter referred to as 'the alleged detenue') and to set her at liberty, by raising an allegation that she is under illegal confinement of the 3^rd respondent.

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It is stated in the writ petition that the petitioner and

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the alleged detenue, who is the sister of the 3^rd respondent, are

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in love and they have taken a decision to get married. The alleged detenue is 19 years of age. Her family members were against their relationship. On 14.10.2018, the petitioner married

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the alleged detenue as per the custom prevailing in Hindu

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W.P.(Crl) No. 416/2018

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community at Manaluvattom Arthandappan Temple. Ext.P1 photograph is produced in proof of the said marriage ceremony. According to the petitioner, after the marriage the petitioner and the alleged detenue had stayed together for one day at his house. But, thereafter the police team took the alleged detenue into custody for producing her before the Judicial First Class Magistrate's Court, Chengannur, in connection with a missing case registered. Thereafter the petitioner could not contact the alleged detenue, because she was removed to somewhere. The petitioner came to know that the alleged detenue is under house arrest. Under such circumstances, the petitioner is seeking relief as mentioned above.

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Even though notice was issued from this court to the 3^rd respondent directing to produce the alleged detenue, it could

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not be served because the house of the 3^rd respondent remained locked. On 29.10.2018, when the case was taken up for consideration, learned Government Pleader appearing on

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W.P.(Crl) No. 416/2018

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behalf of the 2^nd respondent submitted that, the alleged detenue was produced before the Judicial First Class Magistrate's Court-

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I, Chengannur on 15.10.2018, based on a case registered under Section 57 of the Kerala Police Act, on the basis of a complaint of the 3^rd respondent with respect to missing of the alleged detenue. It is stated that, at that time the alleged detenue expressed her desire before the learned Magistrate to go along with her grandmother. Accordingly she was set at liberty to go along with her grandmother. Enquiries conducted by the 2^nd respondent had revealed that, at present the alleged detenue is staying along with her grandmother somewhere in Pune, in the State of Maharashtra.

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Under the above mentioned circumstances, this court directed the 2^nd respondent to find out the details regarding the present residence of the alleged detenue at Pune and to make attempts to contact her over telephone. The 2^nd respondent was also directed to get a statement of the alleged detenue

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W.P.(Crl) No. 416/2018

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through e-mail or fax, if possible.

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Today when the case is taken up for consideration,

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learned Government Pleader has produced a 'Statement of fact'

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submitted by the 2^nd respondent. It is mentioned that the 2^nd respondent could contact the alleged detenue over telephone in the telephone number collected from her relatives. The alleged detenue had promised to send her statement through e-mail and accordingly the 2^nd respondent had obtained her statement through e-mail. The statement so obtained through e-mail is produced along with the statement of facts submitted by the 2^nd respondent.

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The statement of the alleged detenue would indicate that, her parents are working at Saudi Arabia and she studied there up to 10^th standard. Her study for plus-two course was in a school at Chengannur. She is not fluent in writing or reading of Malayalam. Three months before, she joined for a course of

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BBA in Airport Management, at the Airwing Academy,

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W.P.(Crl) No. 416/2018

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Thiruvananthapuram. During her class days she stayed in a hostel nearby the College. Every Saturday she used to go to Karakkad in order to spent her weekends with her grandparents. She was undergoing treatment at Sri Chithira Hospital, Thiruvananthapuram for complaints of epilepsy. It is stated that, she was deeply depressed being alone, away from her parents and brother. By that time she developed intimacy with the petitioner, who was her senior student. On 13.10.2018 instead of going to Karakkad she went along with the petitioner to his house at Anchal to visit the Ayyappa Temple at Kulathupuzha. Since she had not reached the house of the grandparents at Karakkad, her grandmother called her over telephone. Then she informed that she is in the house of the petitioner. Her grandparents mistook her words and made a complaint to the Chengannur Police Station. At that time her brother was present at her grandparents' house. Police took her into custody and brought her to the court at Chengannur.

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W.P.(Crl) No. 416/2018

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From there she went along with the grandmother to their house

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at Karakkad. After two days, she left to Pune along with her grandmother. It is stated that, the petitioner told her that he is a Hindu. But when the alleged detenue went to the petitioner's house she came to know that the petitioner had taken practice for two years to become a Christian priest. She admitted that, she were in the petitioner's house for two days. While there, she had visited some temples along with the petitioner's family members. It is stated that, both the petitioner and the alleged detenue were staying in different rooms at the petitioner's house and they had no physical relationship. According to the alleged detenue, the petitioner and herself have neither married nor signed any documents. According to the alleged detenue, it is only the feelings of missing of her father, mother and brother, which prompted her to go along with the petitioner, in order to give some pressure to her relatives. Now she is deeply regretting about her indiscreet acts. It is stated specifically that

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W.P.(Crl) No. 416/2018

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she do not want to live with the petitioner or even to see him. It

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is stated that her father had arrived from Saudi Arabia and she

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is planning to continue her studies in Pune or at Mumbai.

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From the circumstances as mentioned above, we do not think that there is any basis for the apprehension that the alleged detenue is under illegal confinement against her free will. Hence we are of the considered opinion that there are no materials available before this court to invoke its jurisdiction for issuing any writ of Habeas Corpus.

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Consequently, this writ petition fails and the same is hereby dismissed. We make it clear that we have not arrived at any finding on the question of validity of the marriage alleged to have solemnized between the petitioner and the alleged detenue.

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

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Sd/- T.V. ANILKUMAR, JUDGE .

ul/-

[True copy]

P.S. to Judge.

W.P.(Crl) No. 416/2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 PHOTOGRAPHS SHOWING THE MARRIAGE OF THE PETITIONER AND NEHA.

Amal Ravi v. State of Kerala

Case brief

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Amal Ravi v. State of Kerala

Case brief

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