Habeas corpus petition filed for production of wife allegedly detained by her father. Court noted sworn statement by the wife stating she stayed with parents voluntarily due to petitioner's alleged cruelty and filed dissolution of marriage suit. Dismissed petition, noting no basis for illegal detention allegations.
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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 T.V.ANILKUMAR
TUESDAY ,THE 13TH DAY OF NOVEMBER 2018 / 22ND KARTHIKA, 1940
WP(Crl.).No. 437 of 2018
PETITIONER:
SANTHOSH.S., AGED 24 YEARS, S/O.SANTHAKUMAR, NJANDIRICKAL KIZHAKKATHIL, THULAPARAMBU SOUTH, HARIPAD P.O., ALAPPUZHA 690 514
BY ADVS. SRI.SHABU SREEDHARAN SMT.NIDHI RAVINDRAN SMT.VIDYA G NAIR SRI.D.THILAKAN SRI.M.YOHANNAN SRI.P.R.VIBHU
RESPONDENTS:
1 THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM 695 014
2 THE SUB INSPECTOR OF POLICE, ELOOR POLICE STATION, UDYOGAMANDAL P.O., ERNAKULAM - 683501.
3 BHAMA KRISHNA PILLAI, MADATHIPARAMBIL, NEAR FAVOURITE GIFT SHOP, KONDOTTIMUKKU, MANJUMMAL P.O., ERNAKULAM - 683 501. R1 & R2 BY SR.GOVT.PLEADER SRI.K.B.RAMANAND
OTHER PRESENT:
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 13.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 437 of 2018 : 2 :
JUDGMENT
C.K.Abdul Rehim, J.
The petitioner is approaching this Court seeking a writ of Habeas corpus for commanding production of the corpus of his wife, namely Reshma S; based on an allegation that she is illegally confined by the 3rd respondent, who is her father, against her free will.
2. It is stated that the petitioner had married Mrs.Reshma S. (hereinafter referred to as 'the alleged detenue') on 8.9.2016 as per religious rites and custom in a temple at Mangalam. The said marriage was registered before
the Local Registrar of Marriages (Common), Arattupuzha on 28.10.2018, as evident from Ext.P1. Few months after the marriage, the petitioner left to Qatar for employment and the alleged detenue was working at Amrita Hospital, Edappally. The
WP(Crl.).No. 437 of 2018 : 3 : petitioner returned from Qatar after about 6 months and the alleged detenue had joined him after resigning her job; and they were living together at the house of the petitioner at Haripad. At that time, she got another employment at a Hospital at Ernakulam and she was staying temporarily in a hostel. On weekends, she used to join the petitioner at his house at Haripad. It is alleged that, on 27.10.2018, the alleged detenue had not reached Haripad and enquiries made by the petitioner had revealed that the 3rd respondent had taken her from the hostel to his house. Eventhough the petitioner made attempts to bring her back from the 3rd respondent's house, he was threatened and her family members have not allowed the alleged detenue to rejoin him. Eventhough the petitioner had lodged a complaint before the 2nd respondent, it is alleged that, no effective steps were taken to get the alleged
WP(Crl.).No. 437 of 2018 : 4 :
detenue released. Hence the above writ petition is filed.
3. When the case came up for admission, this Court directed the respondents 1 and 2 to conduct a discreet enquiry into the allegations of illegal detention. The 2nd respondent was directed to get an independent statement of the alleged detenue recorded by deputing a Woman Police Officer. The statement was directed to be recorded in isolation, not in the presence of the 3rd respondent or any other family members.
4. Today, when the case is taken up, learned Government Pleader appearing for respondents 1 and 2 had produced a report of the 2nd respondent, enclosing the statement of the alleged detenue recorded. In the said statement, the alleged detenue has conceded that, after the petitioner had returned from Qatar, they resided together in the house of the petitioner. But, it is mentioned
WP(Crl.).No. 437 of 2018 : 5 :
that the petitioner was treating her with cruelty,
both physically and mentally. He was always suspicious about the alleged detenue and was assaulting her, raising imputations against her morality. When she is staying in the hostel at Ernakulam, the petitioner used to came during the weekends and they used to stay together in any of the hotels at Ernakulam. Even at that time the petitioner was torturing her, is the allegation. According to the alleged detenue, when the harassment and torture from the side of the petitioner became intolerable, she went to her parental home on 27.10.2018 and since then she is staying with her parents. She denied the allegations of illegal detention and mentioned that she is staying with her parents on her own free of will. It is further mentioned that, she had already filed a case before the Family Court as O.P.No.2458/2018 seeking dissolution of the
WP(Crl.).No. 437 of 2018 : 6 :
marriage.
5. Under the above mentioned circumstances, there is no basis for the allegation of illegal detention. Consequently, the writ petition fails and the same is hereby dismissed.
We make it clear that we have not expressed
any opinion or finding in this judgment with respect to the issues relating to the matrimonial disputes between the petitioner and the alleged
detenue.
Sd/-
C.K.ABDUL REHIM
JUDGE
Sd/-
T.V.ANILKUMAR
JUDGE
Bb
WP(Crl.).No. 437 of 2018 : 7 :
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED ON 28.10.2018 BY THE LOCAL REGISTRAR OF MARRIAGES, ARATTUPUZHA GRAMA PANCHAYATH. EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 31.10.2018. EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 01.11.2018.
RESPONDENTS' EXHIBITS:
NIL
//True Copy//
P.A. To Judge
Bb
2 issues framed by the court
Whether the alleged detenue was illegally confined by her father contrary to her free will.
Whether there was a basis for the allegation of illegal detention despite contradictory statements.
SANTHOSH.S.
Reshma S
BHAMA KRISHNA PILLAI
THE DIRECTOR GENERAL OF POLICE
THE SUB INSPECTOR OF POLICE
C.K.ABDUL REHIM
T.V.ANILKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
