Petitioner challenged illegal confinement of his mother by her children. Court directed inquiry which revealed she stayed at respondents' house on her own wish without restraint. Petition dismissed as no illegal detention found.
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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
WEDNESDAY,THE 28TH DAY OF NOVEMBER 2018 / 7TH AGRAHAYANA, 1940
WP(Crl.).No. 461 of 2018
PETITIONER:
HAMZA KUNJU, AGED 63 YEARS, S/O. MUHAMMED ISAMIL, AGRICULTURIST, HASAEENA COTTAGE, EDAVOORKONAM, KUDAVOOR VILLAGE PIN - 695 605
BY ADV. SRI.K.ASHOK SARAN
RESPONDENTS:
1 FAZAL AHAMMED, AGED 36 YEARS, COMPANY EMPLOYEE, S/O. ABDUL HAMEED, VATTAVILA VEEDU, NAVAIKULAM VILLAGE, KALLAMBALAM - 695 605
2 LAILA BEEVI, HOUSE- WIFE, AGED 56 YEARS, W/O. ABDUL HAMEED, VATTAVILA VEEDU, NAVAIKULAM VILLAGE, KALLAMBALAM - 695 605
3 THE SUB INSPECTOR OF POLICE, KALLAMBALAM POLICE STATION, KALLAMBALAM-695 605
R3 BY SR.GOVT.PLEADER SRI.K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 461 of 2018 : 2 :
JUDGMENT
C.K.ABDUL REHIM, J.
The petitioner is raising an allegation that his mother, Smt.Pathumuthu (hereinafter referred to as 'the alleged detenue') is under illegal confinement of the respondents 1 and 2. The 1st respondent is the son of the petitioner's sister. The 2nd respondent is petitioner's own sister, who is the daughter of the alleged detenue.
WP(Crl.).No. 461 of 2018 : 3 :
detenue. Under such circumstances, raising the allegation that the alleged detenue is confined under illegal restrainment by the respondents 1 and 2, the petitioner is seeking a writ of Habeas Corpus for commanding production of the corpus of the alleged detenue and to set her at liberty.
WP(Crl.).No. 461 of 2018 : 4 :
for one month each. Accordingly she was staying with the 1st respondent, who is the son of her daughter, during the last month. At present she is staying in the house of the 2nd respondent. According to the alleged detenue, she is totally comfortable in the house of the 2nd respondent. It is stated that the 2nd respondent and her family members are taking care of her needs. She does not have any property of her own, because her share in the properties were already given to the children. It is also stated that, the petitioner had obtained her thumb impression in some blank papers, recently.
WP(Crl.).No. 461 of 2018 : 5 :
be apprehending that the said respondents may interfere the alleged detenue to take a stand in the civil suit, which may be prejudicial to the petitioner. We do not think that the petitioner can be permitted to invoke jurisdiction of this Court based on any such apprehension. Since it is evident that there is no element of illegal detention, we are not inclined to invoke the jurisdiction vested on this Court.
Consequently, the writ petition fails and the same is hereby dismissed.
Sd/-
C.K.ABDUL REHIM
Sd/-
Bb
WP(Crl.).No. 461 of 2018 : 6 :
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
TRUE COPY OF THE PLAINT DATED 18-01-2018 IN O.S.NO.36 OF 2018 OF THE MUNSIFF'S COURT, VARKALA
RESPONDENTS' EXHIBITS:
NIL
//True Copy//
P.A. To Judge
Bb
2 issues framed by the court
Whether writ of habeas corpus is maintainable to restrain a mother allegedly detained by her children who are keeping her at their residences on a rotation basis.
Whether there is any element of illegal confinement of the alleged detenue since she is staying comfortably with the respondents on her own wish.
Hamza Kunju
Fazal Ahammed
Laila Beevi
The Sub Inspector of Police, Kallambalam
C.K.Abdul Rehim
T.V. Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
