Unknown vs By Advs
2021 Latest Caselaw 11373 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.92 OF 2021


PETITIONER/

               NIKHIL A.
               AGED 27 YEARS
               S/O. SURENDERAN M., RESIDING AT ELETTIL HOUSE,
               SIVAPURAM, EEYADU, THAMARASSERY, KOZHIKODE
               DISTRICT - 673 573.

               BY ADVS.
               SRI.LUIZ GODWIN D COUTH
               SRI.JOSE KURIAKOSE (VILANGATTIL)
               SRI.BIJO FRANCIS

RESPONDENTS/

      1        SUPERINTENDENT OF POLICE
               KOZHIKODE, OFFICE OF THE SUPERINTENDENT OF POLICE,
               PUDUPANAM, VADAKARA, KOZHIKODE DISTRICT - 673 105.

      2        S. I. OF POLICE
               BALUSSERY, KOZHIKODE - 673 613.

      3        CHANDRAN K. K.
               KOMMACHAMKANDY HOUSE, SIVAPURAM, EEYADU,
               THAMARASSERY, KOZHIKODE DISTRICT - 673 573.


OTHER PRESENT:

               SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND

     THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl).92 of 2021
                            2


                            JUDGMENT

Dated : 8th April, 2021

K.Vinod Chandran, J.

1. The petitioner seeks production of the daughter

of the 3rd respondent, his wife, by issuance of a

writ of Habeas Corpus. It is his contention that

on 25.2.2021 his wife was taken from her marital

home, forcibly by the 3rd respondent. After the

said date the petitioner has had no communication

with his wife . The 3rd respondent is said to have

informed the petitioner's mother that he does not

intend to send his daughter back to the marital

home.

2. By interim order dated 25.3.2021, we directed the

2nd respondent to get a statement of the alleged

detenue, through a Woman Police Officer without

the presence of the alleged detenue's parents or

family members. Today the statement has been

produced by the 2nd respondent as recorded by a WP(Crl).92 of 2021

Woman Civil Police Officer and signed by the

alleged detenue.

3. The daughter of the 3rd respondent in her

statement recorded by a Woman Civil Police

Officer admits the relationship as also having

entered into a marriage without the knowledge of

her parents. However, even after the marriage, as

evinced from her statement, she was living with

her parents. When the 3rd respondent came to know

of her relationship and objected to it, she told

him about the marriage conducted, upon which he

made enquiries about the petitioner. It is the

statement of the daughter of the 3rd respondent

that it was revealed, from the enquiries made by

her father, that the petitioner is now

unemployed. The petitioner, according to her, had

informed her that he had a salaried job. It is

also revealed that the residential home of the

petitioner is under recovery proceedings.

Realizing that the petitioner would be unable to WP(Crl).92 of 2021

maintain her, she does not intend to continue her

relationship. She categorically states that

despite she having gone through a form of

marriage, she has not lived with the petitioner

as a wife. It is also her categoric statement

that she is not illegally detained nor is she

under any threat from her parents. We find no

reason to issue a writ of Habeas Corpus.

4. The writ petition stands dismissed.

Sd/-

K.VINOD CHANDRAN, Judge

Sd/-

M.R.ANITHA, Judge

Mrcs/8.4. xxx WP(Crl).92 of 2021

APPENDIX

EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE MARRIAGE CERTIFICATE OF PETITIONER AND SMT. ADITHYA (DETENUE) ISSUED BY SREE VAIRAGI MUTH, KOZHIKODE.

EXHIBIT P2 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE, GOVERNMENT OF KERALA EVIDENCING THE AGE OF THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE, GOVERNMENT OF KERALA EVIDENCING THE AGE OF THE ADITHYA M. C. (DETENUE).

EXHIBIT P4 TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE 2ND RESPONDENT DATED 01.03.2021.