In a Habeas corpus petition alleging illegal detention of an adult daughter by her boyfriend (1st respondent), the Court recorded that the detenu stated she was not detained illegally and planned to marry the 1st respondent.
Petition dismissed as the detenu stated she was not under illegal detention.
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 RAJA VIJAYARAGHAVAN V &
THEHONOURABLEMR.JUSTICEP.M.MANOJ
FRIDAY,THE24THDAYOFMAY2024/3RDJYAISHTA,1946
WP(CRL.)NO.535OF2024
PETITIONER:
MRS.IVYSUSANPAIVA
AGED48YEARS
W/O.LATEANTONYFPPAIVA,LAZDALE,KOLLAMPARAMBIL
LANE,ST.FRANCISCHURCHROAD,ELAMKULAM
VILLAGE,KALOOR,ERNAKULAMDISTRICT.,PIN-682017
BYADVS.
P.M.JOSHI
SIJIK.PAUL
BONNYBABY
SRUTHISUNILKUMAR
C.GOKULKRISHNAN
RESPONDENTS:
1 ROBIN JOHNSON, S/O.P.J.JOHNSON, PALLIPARAMBIL HOUSE, KATHRIKADAVU, THAMMANAM PULLEPPADY ROAD, NEAR DISTRICT HOMEO HOSPITAL, ERNAKULAM DISTRICT, PIN - 6820172 P. J. JOHNSONS/O.NOTKNOWNTOTHEPETITIONERPALLIPARAMBILHOUSE,
KATHRIKADAVU,THAMMANAMPULLEPPADYROAD,NEARDISTRICT
HOMEOHOSPITALERNAKULAMDISTRICT,PIN-682017
3 THE COMMISSIONER OF POLICE ERNAKULAM CITY POLICE, PARK AVENUE ROAD, ERNAKULAM DISTRICT, PIN - 6820114 THE STATION HOUSE OFFICER (SHO) OF POLICE ERNAKULAM NORTH POLICE STATION, ERNAKULAM DISTRICT, PIN - 682018BYADVV.C.RAJESH
SRI P M SHAMEER, GOVERNMENT PLEADER
THISWRITPETITION(CRIMINAL)HAVINGCOMEUPFOR
FINALHEARINGON24.05.2024,THECOURTONTHESAMEDAY
DELIVEREDTHEFOLLOWING:
WP(Crl) No.535 of 2024
2
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner is the mother of the detenu who is aged about
22 years. She has approached this Court with this writ petition seeking issuance of a writ of Habeas corpus by alleging that her adult daughter is illegally detained against her wish by the 1st respondent, who is the son of the 2nd respondent.
We have interacted with the petitioner, alleged detenu as well as the 1st respondent. The detenu stated before us that she has been in love with the 1st respondent for the past five years and they are
planning to get married. She stated that she is not under illegal detention.
are primarily concerned with the question whether the alleged detenu is detained against her wish, will, or desire by anyone. In the case on hand, the alleged detenu, who is an adult lady, has appeared before us and has stated in unmistakable terms that she is not under
WP(Crl) No.535 of 2024
3
illegal detention. In that view of the matter, nothing further survives
in this petition.
This Writ Petition (Crl) is closed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
P.M.MANOJ JUDGE
IAP
WP(Crl) No.535 of 2024
4
APPENDIX OF WP(CRL.) 535/2024
PETITIONER’SEXHIBITS:
ExhibitP1THETRUECOPYOFTHECERTIFICATEDATED
27-12-2017ISSUEDFROMNATIONALINSTITUTE
OFOPENSCHOOLING
ExhibitP2THETRUECOPYOFTHECOMPLAINTDATED
15-05-2024SUBMITTEDBYTHEPETITIONERTO
4THRESPONDENT.
1 issue framed by the court
Whether the adult detenu is illegally detained against her wish without consent.
Mrs. Ivy Susan Paiva
Robin Johnson
P. J. Johnson
Commissioner of Police Ernakulam
Station House Officer Ernakulam North
Raja Vijayaraghavan
P.M. Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court