The High Court of Kerala dismissed a writ petition alleging unlawful detention of a girl by her mother and paternal uncle. The court found the detention claim unsubstantiated after interacting with the girl, who denied restrictions and reported living freely with her parents.
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.
1
WP(CRL) 416 OF 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 09TH DAY OF DECEMBER 2019 / 18TH AGRAHAYANA, 1941
WP(Crl.).No.416 OF 2019
PETITIONER/S:
MOHAMMED YOUSAF ISAM,AGED 20 YEARS S/O.MOHAMMED RAFFI, ARUVAYIL HOUSE,VALARADU VETTIKKATTIRI P.O., MALAPPURAM DISTRICT.
BY ADVS. SRI.P.SAMSUDIN SRI.M.ANUROOP SMT.S.K.SREELAKSHMY
RESPONDENT/S:
1 THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
R1-2 BY SRI.K.B.RAMANAND, GOVERNMENT PLEADER R3-4 BY ADV. SRI.SOJAN MICHEAL
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(CRL) 416 OF 2019
JUDGMENT
K.HARILAL,J.
This Writ Petition has been filed on the allegation that the alleged detenu is under the unlawful detention of the 3rd and 4th respondents, her mother and paternal uncle. According to the petitioner, he and the detenu are classmates and she made an assurance to him that she will marry him when she attains majority. But now, the respondents 3 and 4 are trying to give the detenu in marriage to another person and she is not allowed to go freely and independently.
this Court, the detenu has been produced before this Court and we have interacted with
3
WP(CRL) 416 OF 2019
the detenu. She emphatically denied the allegation that she is under the unlawful detention of the respondents 3 and 4. According to her, her 'nikah' was conducted on 11th November, 2019 with one Azad Husain. Now she is residing in her parental home and studying IInd year Degree Course. Neither the 3rd respondent nor the 4th respondent has imposed any kind of restriction on her free and independent life. She also admitted that the petitioner is her classmate. But she has not made any assurance, as claimed by the petitioner, to marry him, when she attains majority.
4
WP(CRL) 416 OF 2019
unlawful detention of respondents 3 and 4 and there is no circumstance warranting invocation of writ jurisdiction, under Article 226 of the Constitution of India.
The Writ Petition is dismissed.
Sd/-
K.HARILAL
JUDGE
Sd/-
Sks/9.12.2019
C.S.DIAS
JUDGE
5
WP(CRL) 416 OF 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PANCHAYAT LICENSE ISSUED TO THE PETITIONER BY THE SECRETARY, VETTATHOOR GRAMA PANCHAYAT.
2 issues framed by the court
Whether the alleged detenu is under unlawful detention of the respondents.
Whether there is any circumstance warranting invocation of writ jurisdiction under Article 226.
1 provisions across 1 enactments
MOHAMMED YOUSAF ISAM
STATE OF KERALA
SUB INSPECTOR OF POLICE,PANDIKKAD
UMMU SALMA
ALI K.
K. HARILAL
C. S. DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
