Court disposed of writ petition quashing orders against petitioner based on prior finding of no illegal detention and respondent's undertaking to solemnize marriage.
Order passed on 12.11.2018 made absolute; petitioner set at liberty.
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 T.V.ANILKUMAR
WEDNESDAY,THE 21ST DAY OF NOVEMBER 2018/30TH KARTHIKA, 1940
WP(Crl.).No. 436 of 2018
PETITIONER:
SANTHOSHKUMAR.N AGED 43 YEARS S/O NATARAJAN, SANTHOSH BHAVAN, THRIKKOYIKKAL MELATHIL, JAYANTHI COLONY, PERUMPUZHA P.O., KOLLAM DISTRICT - 691 504.
BY ADV. SRI.K.MOHANAKANNAN
RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE (RURAL) KOTTARAKKARA, KOLLAM DISTRICT- 691 504.
4 AI-AMMEN S/O. ABDUL AZEEZ, MALAYAVAYAL, MIYYANNUR P.O., KOLLAM - 691537.
OTHER PRESENT:
SR. GP SRI. K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl) No. 436 /2018
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C.K. ABDUL REHIM & T.V. ANILKUMAR, JJ.
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W.P.(Crl) No. 436 OF 2018 S
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Dated this the 21st day of November, 2018
J U D G M E N T
Abdul Rehim, J.
Pursuant to the order passed by this court on 12.11.2018, the alleged detenue and the 4th respondent appeared in person and produced the acknowledgment regarding the payment of fee before the Marriage Officer, Kannanallur with respect to submission of the 'Notice of Intended Marriage', on 15.11.2018. It is submitted that the marriage can be solemnized on completion of the statutory period of 30 days. It is undertaken by the 4th respondent and the alleged detenue that they will appear before the Marriage Officer on completion of the statutory period and will solemnize their marriage, under Section 13 of the Special Marriage Act.
W.P.(Crl) No. 436 /2018
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12.11.2018, it was categorically found that there is no illegal detention and on that basis the alleged detenue was set at
liberty to go along with the 4th respondent, as desired by her.
of the steps already taken for solemnization of the marriage and in view of the undertaking made before this court, the above writ petition is hereby disposed of by making the order passed on 12.11.2018 as absolute. The alleged detenue is set at liberty to
lead a marital life with the 4th respondent, based on the marriage to be solemnized.
Sd/- C.K. ABDUL REHIM, JUDGE .
Sd/- T.V. ANILKUMAR, JUDGE, JUDGE .
ul/-
[True copy]
P.S. to Judge.
W.P.(Crl) No. 436 /2018
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 03/11/2018 BEFORE THE 2ND RESPONDENT.
SanthosHKumar.N
The Superintendent of Police (Rural) Kottarakkara
Sub Inspector of Police, Kundara
Sub Inspector of Police, Chathannur
AI-Ammen
Abdul Azees
C.K. Abdul Rehim
T.V. Anil Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
