Ameen Mohammed Asharaf vs Circle Inspector Of Police
2021 Latest Caselaw 6832 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                   &

                 THE HONOURABLE MRS. JUSTICE M.R.ANITHA

    FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

                         WP(Crl.).No.68 OF 2021


PETITIONER/S:

                AMEEN MOHAMMED ASHARAF
                AGED 24 YEARS
                S/O MUHAMMED ASHARAF, SULEKHA MANZIL,
                AADIKATTUKULANGARA P.O.NOORANAD, ALAPPUZHA-690 504.

                BY ADV. A.SANIL KUMAR

RESPONDENT/S:

      1         CIRCLE INSPECTOR OF POLICE
                STATION HOUSE OFFICER, NOORANAD POLICE STATION,
                NOORANAD P.O.ALAPPUZHA DISTRICT-690 504.

      2         NOUSHAD,
                AGED 55 YEARS
                KOCHAYATHU VEEDU, KOTTAMOL, ADOOR P.O.PATHANAMTHITTA
                DISTRICT, PIN-591 523.

      3         SHEMI,
                AGED 45 YEARS
                W/O NOUSHAD, KOCHAYATHU VEEDU, KOTTAMOL, ADOOR
                P.O.PATHANAMTHITTA DISTRICT, PIN-591 523.

      4         JASEERA,
                AGED 34 YEARS
                W/O RAHIM, AL-FIDAROZ, MURUNGALAYYATHU VEEDU,
                AADIKATTUKULANGARA P.O.NOORANAD, ALAPPUZHA-690 504.

      5         ABOOBACKER MAHIN,
                AGED 55 YEARS
                PUTHUVEETTIL, AADIKATTUKULANGARA P.O.NOORANAD,
                ALAPPUZHA-690 504.

      6         AZEENA MAHIN,
                AGED 46 YEARS
 WP(Crl.).No.68 OF 2021

                             2

             W/O ABOOBACKER, PUTHUVEETTIL, AADIKATTUKULANGARA
             P.O.NOORANAD, ALAPPUZHA-690 504.


OTHER PRESENT:

             SENIOR GOVERNMENT PLEADER SRI.S.U.NAZAR

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(Crl.).No.68 OF 2021

                                   3



                                  JUDGMENT

Dated this the 26th day of February 2021

K. Vinod Chandran. J

The petitioner is aggrieved with the separation

from his wife who is said to be in the illegal custody

of respondents 2 to 6 who are the relatives of the

wife. The respondents 5 and 6 are the father and mother

of the alleged detenue. The petitioner admits that

there is already an application filed for restitution

of conjugal rights. The petitioner will have to agitate

his cause before the Family Court and no habeas corpus

petition would lie since the contention is one of

estrangement.

In such circumstances, the writ petition is

dismissed.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

M.R.ANITHA

JUDGE

SJ WP(Crl.).No.68 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF MARRIAGE NO 4220/2020 DATED 4.9.2020 ISSUED BY THE LOCAL REGISTRAR OF PALAMEL GRAMA PANCHAYATH

EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 2.2.2021 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 2.2.2021 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER

EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 1.2.2021 ISSUED FROM THE DISTRICT POLICE OFFICE, ALAPPUZHA TO THE PETITIONER