The High Court of Kerala dismissed a writ petition challenging illegal confinement. The court noted evidence that the alleged detenue had left for the UAE and was not in India, deeming the detention allegations baseless.
The writ petition is dismissed.
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
THURSDAY, THE 22ND DAY OF NOVEMBER 2018/ 1ST AGRAHAYANA, 1940
WP(Crl.).No. 453 of 2018
PETITIONER:
ASWATHY AGED 24 YEARS D/O
REMANI,THIRUVATHIRA,CHAVADIMUKKU,VAKKOM,THIRUVANANTHA PURAM DISTRICT.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENTS:
3 SUB INSPECTOR OF POLICE, KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT - 695 001.
BY ADVS. SRI.G.BIJU SRI.V.A.VINOD
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.K. ABDUL REHIM & T.V. ANILKUMAR, JJ.
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W.P.(Crl) No. 453 OF 2018 S
------------------------------------------------------- Dated this the 22nd day of November, 2018
J U D G M E N T
Abdul Rehim, J.
The petitioner is a girl aged 24 years who claims to be working as a sales girl in a textile shop. Her allegation is that Sri. Ashim, with whom she is in love, is being illegally detained by the respondents 4 and 5, his mother and maternal uncle. It is averred in the writ petition that, a marriage was performed between the petitioner and Sri.Ashim(hereinafter referred to as 'the alleged detenue'), in May, 2018 before a temple. Thereafter both of them wanted to solemnize a marriage under the Special Marriage Act. It is stated that they were living together for quite some time in the parental house of the petitioner. But the alleged detenue had left the company of the petitioner, when he received a phone call from his relatives.
W.P.(Crl) No. 453/2018
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According to the petitioner, on 03.10.2018 she received Ext.P2
mail from the alleged detenue stating interalia that there is a decision taken in his house to send him to Dubai. Thereafter the petitioner could not contact the alleged detenue. Even though the petitioner's mother lodged a complaint before the 3rd respondent as per Ext.P4 and the petitioner herself lodged another complaint before the 2nd respondent as per Ext.P5, no action was taken in the matter, is the grievance. It is alleging that the detenue is under the illegal confinement of respondents 4 and 5, the petitioner is approaching this court seeking a writ of Habeas Corpus for commanding production of the corpus of the alleged detenue and to set him at liberty.
who were directed to produce the alleged detenue, if he is available in their custody. Learned Government Pleader appearing for respondents 1 to 3 was directed to ensure that
W.P.(Crl) No. 453/2018 -:4:-
the alleged detenue is produced before this court.
counsel appeared on behalf of the respondents 4 and 5. It is submitted that the alleged detenue had left to UAE on 02.10.2018 in order to take up employment therein. Therefore
the allegations that he is under illegal confinement of respondents 4 and 5 are denied.
detenue is not in India at present and he is in UAE. Therefore
W.P.(Crl) No. 453/2018
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the allegations of illegal detention by the respondents 4 and 5 is
baseless. Evidently, as on the date of filing of the above writ
petition itself the alleged detenue is not in India. Hence we do
not find any ground to interfere with the matter by invoking the jurisdiction vested on this court under Article 226 of the
Constitution of India.
dismissed. It is made clear that the petitioner will be at liberty to seek any appropriate remedy before appropriate forum, in this
regard, to the extent permissible under law.
Sd/- C.K. ABDUL REHIM, JUDGE .
Sd/- T.V. ANILKUMAR, JUDGE, JUDGE .
ul/-
[True copy]
P.S. to Judge.
W.P.(Crl) No. 453/2018
-:6:-
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SSLC CERTIFICATE OF THE DETENU. EXHIBIT P2 TRUE COPY OF THE MAIL WRITTEN BY THE DETENUE 'ASHIM' TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE PHOTO. EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 03/10/2018. EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 05/10/2018. EXHIBIT P6 TRUE COPY OF THE COMPLAINT DTD.31/10/2018. EXHIBIT P7 TRUE COPY OF THE POSTAL RECEIPT DTD.31/10/2018.
2 issues framed by the court
Whether the writ of Habeas Corpus could be invoked for illegal detention when the detenue is not found in India.
Whether the respondents are in possession of the alleged detenue.
Aswathy
District Police Chief
Deputy Superintendent of Police Attingal
Sub Inspector of Police, Kadakkvoor
Nisha Aashim Manzil
Nisheed
C.K. ABDUL REHIM
T.V. ANILKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
