Ashrudheen v. Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN MONDAY, THE 3RD DAY OF AUGUST 2015/12TH SRAVANA, 1937 WP(Crl.).No. 339 of 2015 (S) ---------------------------- PETITIONER:
---------- ASHRUDHEEN K.J AGED 23 YEARS S/O.ISMAIL K.E, KOTTACAKEL HOUSE, VENGOLA VILLAGE KUNNATHUNAD THALUK, ERNAKULAM DISTRICT.
BY ADVS. SRI.C.A.NAVAS SRI.T.K.SASIKUMAR SRI.P.A.SHAJI SAMAD SRI.C.J.SOLOMAN SMT.E.G.AMBILY RESPONDENTS:
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1. RAMAKRISHNAN, AGED 50 YEARS S/O.NOT KNOWN, MADATHIL HOUSE, VENGOLA KARA VENGOLA VILLAGE, KUNNATHUNAD THALUK ERNAKULAM DISTRICT.683011
2. GIRIJA, AGED 44 YEARS W/O.RAMAKRISHNAN, MADATHIL HOUSE, VENGOLA KARA VENGOLA VILLAGE, KUNNATHUNAD THALUK ERNAKULAM DISTRICT.683011
3. SUB INSPECTOR OF POLICE PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM DISTRICT.683001
4. CIRCLE INSPECTOR OF POLICE PERUMBAVOOR POLICE STATION, PERUMBAVOOR ERNAKULAM DISTRICT.683001
5. SUPERINTENDENT OF POLICE ERNAKULAM DISTRICT, ERNAKULAM.687018
6. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA.687031 R1 & R2 BY ADV. SRI.C.K.MOHANAN R3-R6 BY GOVERNMENT PLEADER SRI.P.S.ABDUL KAREEM WITH ADDL.DIRECTOR GENERAL OF PROSECUTION,SRI.K.I.ABDUL RASHEED THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 339 of 2015 (S) ----------------------------- APPENDIX PETITIONER'S EXHIBITS --------------------- EXT.P1. - PHOTOSTAT COPY OF THE MARRIAGE CERTIFICATE NO.25/2015 DATED 03.06.2015.
EXT.P2. - PHOTOSTAT COPY OF THE PETITION DATED 26.07.2015. RESPONDENTS' EXHIBITS ---------------------- : NIL // TRUE COPY // P.A. TO JUDGE sm
C.K.ABDUL REHIM & K.RAMAKRISHNAN, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2015
JUDGMENT
C.K.Abdul Rehim J.
The petitioner is approaching this Court seeking a writ of Habeas Corpus for directing production of Miss. Athira R. Krishna, with whom he had fallen in love and contracted a marriage under the Special Marriage Act. Based on an allegation that she is being illegally detained by her parents, the respondents 1 and 2 herein, the petitioner is seeking direction to set at her liberty. It is mentioned in the writ petition that, marriage between petitioner and alleged detenue was solemnised under provisions of the Special Marriage Act on 03.06.2015. Ext.P1 is the certificate of marriage produced. It is alleged that the detenue had informed the petitioner on 23.07.2015 that she was not allowed by her parents to see the petitioner and that she is
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being threatened by respondents 1 and 2 with dare consequences with respect the relation being continued.
2. Based on notice issued from this Court, the respondents 1 and 2 appeared through counsel and produced the alleged detenue, Miss Athira R.Krishna. When we interacted with the alleged detenue she said that she is in love with the petitioner and that they have registered the marriage under the Special Marriage Act on 03.06.2015. But she categorically mentioned that she is not under any illegal confinement of the parents as alleged. According to her, there was no consummation of the marriage and she had never lived with the petitioner. She expressed her desire to go along with respondents 1 and 2 and said that she has not taken any final decision with respect to continuation of her relationship with the petitioner.
3. Under the above mentioned circumstances, we are of the considered opinion that the alleged detenue is not under any illegal confinement as alleged . Hence there
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exists no circumstance warranting interference of this Court for issuance of any writ of Habeas Corpus. The parties are at liberty to take appropriate decision with respect to their future life or to seek remedy from appropriate court regarding disputes if any with respect to their marital status.
This Writ Petition is disposed of accordingly. Sd/- C. K. ABDUL REHIM, JUDGE Sd/- K. RAMAKRISHNAN, JUDGE sm/