Unknown vs By Advs
2021 Latest Caselaw 11371 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

             THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                        &

               THE HONOURABLE MRS. JUSTICE M.R.ANITHA

     THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                          WP(Crl.).No.101 OF 2021


PETITIONER

               RATHEESHMON M
               AGED 31 YEARS
               S/O MOHANAN, RADHIKA BHAVAN, THANNIMMOODU, KALLAR
               PO, IDUKKI DISTRICT

               BY ADVS.
               SMT.T.V.NEEMA
               SRI.ASHARAF PUTHIYOTTIL

RESPONDENTS

               1.DISTRICT POLICE CHIEF, KUYILIMALA, PAINAVU,
               IDUKKI DISTRICT 685603

               2. THE STATION HOUSE OFFICER, KATTAPPANA POLICE
               STATION, KATTAPPANA IDUKKI 685508

               3.PURUSHOTHAMAN AGED 64 YEARS, KALLOORKAROTT
               HOUSE, 3RD YEARS, KALLOORKAROTT HOUSE, 3RD CAMP,
               BALAGRAM PO, IDUKKI DISTRICT 685552 [NOW RESIDING
               AT C/O P.M.SHAJI, PARAYICHIRAYIL HOUSE,
               NARIYANPARA PO, 20TH ACRE, KATTAPPANA 685508]

               4. OMANA @ LALITHA W/O PURUSHOTHAMAN, KALLORKAROTT
               HOUSE, 3RD CAMP, BALAGRAM PO, IDUKKI, 685552 [ NOW
               RESIDING AT C/O P.M.SHAJI, PARAYICHIRAYIL HOUSE,
               NARIYANPARA PO, 20TH ACRE, KATTAPPANA 685508]


               SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND

       THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON    08.04.2021,   THE    COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(Crl).101 of 2021



                                JUDGMENT

Dated : 8th April, 2021

K.Vinod Chandran, J.

1. The petitioner is a husband seeking production of

his wife from the custody of her parents,

respondents 3 and 4. Admittedly there was a

marriage between the petitioner and the daughter

of respondents 3 and 4. The wife of the

petitioner is a Diploma holder in Pharmacy now

working at Dubai, who returned to India on the

first week of March, 2021. She is said to have

had regular contacts with the petitioner till

she returned to India after which there is no

information about her. The petitioner seeks

production of his wife by issuance of a writ of

Habeas Corpus.

2. Thought there is an allegation of illegal

custody, there is nothing to establish the same. WP(Crl).101 of 2021

Respondents 3 and 4 are aged parents of the

alleged detenue. The alleged detenue is also said

to have been employed in Dubai as a Pharmacist.

We do not find any reason to issue a writ of

Habeas Corpus on the above petition filed by the

husband. The husband has to seek appropriate

remedies before the Family Court. Leaving open

such liberty, we dismiss the writ petition.

Sd/-

K.VINOD CHANDRAN, Judge

Sd/-

M.R.ANITHA, Judge

Mrcs/8.4. xxx WP(Crl).101 of 2021

APPENDIX

EXHIBITS

P1- TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED FROM REGISTRAR OF MARRIAGE, NEDUMKANDAM GRAMA PANCHAYAT DATED 13.7.2015

P2- TRUE COPY OF THE PETITION DATED 30.3.2021 SUBMITTED BEFORE THE 1ST RESPONDENTS

P3- TRUE COPY OF THE PETITION DATED 30.3.2021 SUBMITTED BEFORE THE 2ND RESPONDENT