Abdulkhader v. The Inspector General Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 WP(Crl.).No. 113 of 2015 (S) ----------------------------- PETITIONER:
------------------ ABDULKHADER M.A, AGED 48 YEARS S/O. LATE MAMMY, MANDALATH HOUSE, PALARIVATTOM P.O. JANATHA, ERNAKULAM - 682 025 NOW RESIDING AT NADUVELIL RES. ASS. NO. 228 SOUTH JANATHA ROAD, PALARIVATTOM, ERNAKULAM.
BY ADVS.SRI.SANTHOSH PETER (MAMALAYIL) SRI.P.N.ANOOP RESPONDENT(S):
----------------------------
1. THE INSPECTOR GENERAL OF POLICE CENTRAL ZONE, ERNAKULAM - 682 031.
2. THE SUPERINTENDENT OF POLICE ALUVA RURAL, ERNAKULAM - 683 101
3. THE CIRCLE INSPECTOR OF POLICE PALARIVATTOM, ERNAKULAM - 682 025.
4. THE SUB INSPECTOR OF POLICE PALARIVATTOM, ERNAKULAM - 682 025.
ADDL.R5 IMPLEADED:
ADDL.R5:
K.S.ABHIJITH @ AMBILI, S/O SUNILKUMAR, AGED 22 YEARS, KURUPPAMPARAMBU HOUSE, NAYARAMBALAM (PO), VYPPIN, ERNAKULAM DISTRICT.
(IS IMPLEADED AS PER ORDER DATED 24.302015 IN I.A.NO.4404/2015 IN WP(CRL) 113/15-S) R1-R4 BY GOVT.PLEADER SMT.KOCHUMOL KODUVATH ADDL.R5 BY ADV.SRI.BEN TOM THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 113 of 2015 (S) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS P1 - THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DT. 09.3.15.
RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S.TO JUDGE dsn
P.N.RAVINDRAN & ANIL K.NARENDRAN, JJ.
-------------------------------------------------- W.P.(Crl.)No.113 OF 2015 -------------------------------------------------- DATED THIS THE 30th DAY OF MARCH, 2015
JUDGMENT
P.N.RAVINDRAN, J .
The petitioner, who is the father of Anasiya M.A., has filed this writ petition for a writ of habeas corpus directing respondents 2 to 4 to trace out and produce his daughter in this Court. The petitioner has averred that though the whereabouts of his daughter, who is missing since 9.3.2015 is not known to him, he has information that his daughter is in the illegal custody of the additional fifth respondent. 2.
Pursuant to the order passed by this Court, the additional fifth respondent and the detenue are present in Court. The petitioner and his wife are also present. We interacted with the petitioner, his wife, the additional fifth respondent and the detenue. The additional fifth respondent and the detenue stated that their marriage was solemnised at Kalavamkodam Sree Shakteeswara Temple on 9.3.2015. They however admitted the fact that the first respondent has not converted to Islam and Anasiya, the detenue has not embraced Hinduism. They also stated that they have already given notice of marriage under section 5 of the Special Marriage Act, 1954 on 3.3.2015 before the Sub Registrar, Njarakkal and that notice period of one month will expire only on 4.4.2015. They also handed over to us a copy of the marriage certificate
W.P.(Crl.)No.113/15 -2issued from Vayalar Grama Panchayat to the effect that the marriage between them has been solemnised on 9.3.2015. 3.
After interacting with the detenue and the additional fifth respondent, we also interacted with the petitioner and his wife. We also permitted them to interact with the detenue. When the case was again called, the detenue maintained her earlier stand that she would like to go with Abhijith, the additional fifth respondent. The detenue was also not prepared to go with her parents. In such circumstances, as the detenue has admittedly attained the age of majority and the additional fifth respondent and detenue have given notice of marriage under section 5 of the Special Marriage Act, 1954 on 3.3.2015 before the Sub Registrar, Njarakkal and the detenue has also stated that she is not in the illegal custody of the additional fifth respondent, we are of the opinion that the relief prayed for by the petitioner cannot be granted.
The writ petition fails and it is accordingly dismissed. Sd/- P.N.RAVINDRAN, JUDGE Sd/- ANIL K.NARENDRAN, JUDGE dsn