High Court of KeralaWP(Crl.)/349/2015disposed of

Shan A.S. v. Superintend Of Police

2015-10-12Honourable Mr.Justice C.K.Abdul Rehim,Honourable Mrs. Justice Mary Joseph8 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MRS. JUSTICE MARY JOSEPH MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 WP(Crl.).No. 349 of 2015 (S) ----------------------------- PETITIONERS :

-------------------------- SHAN A.S. AGED 26 YEARS S/O. SHAJI A.J, (LATE) HOUSE NO 5/204 B, B.S.S ROAD MATTANCHERY, KOCHI ERNAKULAM DT 682 002 BY ADVS.SRI.A.HAROON RASHEED SRI.E.B.SHAIJU RESPONDENTS :

----------------------------

1. SUPERINTEND OF POLICE MALAPPURAM, MALAPPURAM DT

2. CIRCLE INSPECTOR OF POLICE PARAPPANANGADI, MALAPPURAM DT

3. THE SUB INSPECTOR OF POLICE PARAPPANANGADI, MALAPPURAM DT

4. KRISHNAN "NITHUNYA" (CHERAYITHODI HOUSE KADALUNDI NAGARAM P.O, MALAPPURAM DT 673 314

5. GOPALAN CHERAYITHODI HOUSE, KADALUNDI NAGARAM P.O MALAPPURAM DT 673 314 R1-R3 BY ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.K.I.ABDUL RASHEED R4 & R 5 BY ADV. SRI.C.K.MOHANAN R BY GOVERNMENT PLEADER SRI.P.S.ABDUL KAREEM THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.).No. 349 of 2015 (S) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF PHOTOGRAPHS PETITIONER WITH NEEDU AND NEEDU WITH MOTHER OF PETITIONER EXHIBIT P2 THE TRUE COPY OF THE NOTICE OF INTENDED MARRIGARE DATED 17/6/2015 EXHIBIT P3 TRUE COPY OF THE MESSAGES DATED 8/7/2015 AND 10/07/2015 EXHIBIT P4 TRUE COPY OF THE COMPLAINT AND RECEIPTS OF COMPLAINT FILED BY THE PETITIONER RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- /TRUE COPY/ P.A TO JUDGE AV

C.K. ABDUL REHIM, J.

& MARY JOSEPH, J.

------------------------------------------------- W.P (Crl.) No. 349 OF 2015 ------------------------------------------------- DATED THIS THE 12th DAY OF OCTOBER, 2015

J U D G M E N T

C.K. Abdul Rehim, J:

The petitioner had approached this court seeking a writ of Habeas Corpus for directing production of Miss. Needu, the daughter of 4th respondent, before this court, and to permit her to go along with the petitioner, based on an allegation that she is under the illegal confinement of respondents 4 & 5.

Averments in the writ petition are to the effect that, the petitioner and the alleged detenue were in love for the last 8 years. The petitioner is employed in Bangalore and the alleged detenue got employment in an I.T company at Pune. They have decided to marry each other, and to solemnize the marriage under the Special Marriage Act. For which a notice of intention of marriage was submitted

-2before the Marriage Officer, Mattancherry on 17-06-2015, as per Ext.P2. But upon getting information about such developments the respondents 4 & 5 threatened the petitioner and his family members and detained the alleged detenue against her free will. Though the petitioner tried to contact the alleged detenue, she was not available. But the petitioner got E-mail messages from the alleged detenue requesting to rescue her from the illegal custody. Under such circumstances, alleging that the detenue is under illegal detention of respondents 4 & 5 against her free will, this writ petition is filed.

When the writ petition came up for admission this court directed the 2nd respondent to get an independent statement of the alleged detenue recorded. Initially it was reported that the alleged detenue had gone to Pune along with her father. Hence the case was adjourned to 21-082015 for recording statement of the alleged detenue. Accordingly a statement recorded from the alleged detenue was produced before this court. After perusal of the

-3statement this court was of the opinion that a direct interaction with the alleged detenue is needed to arrive at a proper conclusion with respect to alleged illegal confinement. Therefore we directed that the alleged detenue to be produced before this court. On the basis of such direction the alleged detenue was produced on 03-092015. When we interacted the alleged detenue expressed her strong determination to marry the petitioner. It was also said that, at present she is not permitted to go outside the house and not allowed to continue her job at Pune. She expressed unwillingness to go along with the 4th respondent to her parental house and also expressed her desire to go along with the petitioner. But, taking note of the fact that the petitioner and the alleged detenue belongs to different religion and there is no legally valid marriage established between the parties, this court was not inclined to send the alleged detenue along with the petitioner. It was brought to notice of this court that the notice of intention of marriage already submitted before the Marriage Officer was

-4withdrawn by the alleged detenue under compulsion. The alleged detenue had expressed her desire to solemnize the marriage under the Special Marriage Act by submitting a fresh notice of intention. Under the above mentioned circumstances this court permitted the petitioner to take necessary steps for the said purpose. Till solemnization of the marriage the 3rd respondent was directed to admit the alleged detenue in a Hostel at Ernakulam, with specific direction to the petitioner to meet expenses. The petitioner was directed to produce proof regarding submission of the notice of intimation of marriage.

Based on order passed by this court on 03-092015 the petitioner had produced the acknowledgment for receipt of money, dated 07-09-2015, evidencing payment of fee paid before the Marriage Officer, Kochi with respect to submission of the notice of intension. It was submitted that the marriage can be solemnized on completion of 30 days thereof. Accordingly we permitted the alleged detenue to be taken to the Marriage Officer for solemnisation of the

-5marriage on 08-10-2015. The alleged detenue was directed to admit back to the Hostel after solemnization of the marriage.

Today when the case is taken up for consideration learned counsel for the petitioner has produced the Certificate of Marriage issued by the Marriage Officer, Kochi dated 08-10-2015, for our perusal. The certificate would indicate that a valid marriage under the Special Marriage Act has been solemnized between the petitioner and the alleged detenue on 08-10-2015. This court takes on record the valid marriage established between the petitioner and the alleged detenue.

Under the above mentioned circumstances we are convinced that the alleged detenue is not under any illegal confinement at present. Both the alleged detenue and the petitioner are personally present before this court. They expressed their desire to live together as husband and wife on the basis of the valid marriage established.

-67.

Accordingly this writ petition is hereby disposed of by setting the alleged detenue at liberty to live along with the petitioner as husband and wife, at any place of their choice.

Sd/- C.K. ABDUL REHIM, JUDGE.

Sd/- MARY JOSEPH, JUDGE.

AMG True copy P.A. to Judge