Ahammed Khader v. Rahim
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. 124 of 2015 (S) ----------------------------- PETITIONER:
------------------ AHAMMED KHADER, AGED 67 YEARS S/O.AHAMMED, KARUVILLY HOUSE, VENGOLA P.O.
ARAKKAPPADY VILLAGE, PERUMANNI, ERNAKULAM.
BY ADV. SRI.K.SUNILKUMAR RESPONDENT(S):
----------------------------
1. RAHIM, S/O. KUNJUMUHAMMED, AGED 40, KACHAMKUZHIYIL HOUSE CHONDI VILLAGE, EDATHALA P.O., ALUVA ERNAKULAM.
2. HASSAN O.M., S/O. MUHAMMED, AGE NOT KNOWN, ONODIPOTHIYIL HOUSE, VENGOLA P.O.
PERUMANNI, ERNAKULAM DISTRICT.
3. K.B.SIDDIK, S/O. BEERAN, AGE NOT KNOWN, KOPPARAMBIL HOUSE, VENGOLA P.O.
PERUMANNI, ERNAKULAM DISTRICT.
4. THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, ERNAKULAM.
5. THE CIRCLE INSPECTOR OF POLICE, ALLUVA POLICE STATION, ERNAKULAM DISTRICT.
6. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT TRIVANDRUM.
R2-R3 BY ADV. SRI.PRAVEEN K. JOY R4 -R 6 BY GOVERNMENT PLEADER SMT.KOCHUMOL KODUVATH THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.N.RAVINDRAN & ANIL K.NARENDRAN, JJ.
-------------------------------------------------- W.P.(Crl.)No.124 OF 2015 -------------------------------------------------- DATED THIS THE 30th DAY OF MARCH, 2015
JUDGMENT
P.N.RAVINDRAN, J .
The petitioner, who is the brother of one late Meeran, has filed this writ petition for a writ of habeas corpus directing respondents 1 to 5 to produce the body of K.V.Seena, daughter of late Meeran, in this Court along with her minor child aged three months and to set her at liberty forthwith. He has averred that his brother's daughter Seena and her minor daughter are in the illegal custody of respondents 1 to 3.
It is also averred that after the marriage between the detenue and Makkar, S/o Abdul Khader was dissolved by pronouncement of talaq, the detenue fell in love with the first respondent and in that relationship she conceived a child, that later the first respondent violated the promise to marry the detenue, that based on the complaint lodged by the detenue before the Sub Inspector of Police, Aluva Police Station, respondents 1 to 3 appeared and after mediation talks, the detenue and the child went along with respondents 1 to 3. The petitioner has averred that thereafter respondents 1 to 3 are not permitting him and other near relatives of the detenue to contact her and her child.
W.P.(Crl.)No.124/15 -22. Pursuant to this Court's order, respondents 1 to 3 are present. The detenue was produced by her brother Muhammed. Her mother Nafeesa was also present. When we interacted with the detenue, she stated that she is residing with her mother and brother for the past several months and she is not under the custody of respondents 1 to 3. The brother of the detenue and her mother also reiterated the same. After interacting with the alleged detenue and her brother and mother, we are satisfied that the detenue is not under the illegal custody of respondents 1 to 3. Her brother submitted that respondents 1 to 3 are his neighbours.
In such circumstances, we find no grounds to grant the relief prayed for in the writ petition. The writ petition fails and it is accordingly dismissed.
Sd/- P.N.RAVINDRAN, JUDGE Sd/- ANIL K.NARENDRAN, JUDGE dsn