Kerala High Court
Shamna vs State Of Kerala on 15 January, 2021
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 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(Crl.).No.18 OF 2021
PETITIONER:
SHAMNA, AGED 30 YEARS
W/O SHAFI AZIZ,SHAFI NIVAS,MARUTHUMOODU,
PANTHALACODE.P.O, NEDUMANGAD,
THIRUVANANTHAPURAM-695028.
BY ADV. SMT.MARIAN G.M.THARAKAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,HOME
AFFAIRS,SECRETARIAT,
THIRUVANANTHAPURAM,KERALA-695001.
2 DISTRICT POLICE CHIEF,
THIRUVANANTHAPURAM RURAL,
UNIVERSITY OF KERALA,SENAT HOUSE
CAMPUS,PALAYAM,THIRUVANANTHAPURAM,
KERALA-695033.
3 THE CIRCLE INSPECTOR OF POLICE,
NEDUMANGAD,THIRUVANANTHAPURAM,
KERALA-695541.
4 THE SUB INSPECTOR OF POLICE,
NEDUMANGAD,THIRUVANANTHAPURAM,
KERALA-695001.
OTHER PRESENT:
SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No.18 OF 2021 2
K. Vinod Chandran & M.R Anitha, JJ.
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W.P(Crl.)No. 18 of 2021 S
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Dated, this the 15th day of January, 2021
JUDGMENT
Vinod Chandran, J.
The petitioner herein has filed the above writ
petition for issuance of writ of habeas corpus, for
production of the petitioner's husband, if he is alive.
The further reliefs are for confirming from the local
authorities as to any death certificate issued in the
event of the petitioner's husband being no more and if
otherwise produce the husband before this Court to
enforce remedies against him in the various litigations
between them. The writ petition itself is filed on the
apprehension that the petitioner's husband is no more.
The allegations are all with respect to the conduct of
the in-laws of the petitioner. There is no allegation
that the husband is in the illegal custody of any body.
The petitioner has filed the above petition to seek
production of her husband for the purpose of proceeding
with the various litigations filed by her. We do not
think such a writ petition is maintainable. We dismiss
the writ petition in limine.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
M.R ANITHA
JUDGE
jma
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MARRIGE CERTIIFICATE
ISSEUD BY THE REGISTRAR OF MARRIAGES
MANICKAL GRAMA
PANCHAYAT,PIRAPPANCODE.P.O,THIRUVANANTHAPUR
AM DATED 11/07/2012.
EXHIBIT P2 TRUE COPY OF THE UNDATED CERTIFICATE ISSUED
BY THE HEAD MISTRESS OF THE
GOVT.H.S.S.AYIROOPARA,THIRUVANANTHAPURAM
ISSUED FOR THE PURPOSE OF SECURING KSEB
CONNECTION TO FACILITATE THE STUDIES OF
PETITIONER'S SON-RIHAN ASHIQ
EXHIBIT P3 TRUE COPY OF THE PETITION FILED ON
03/10/2019 BY PETITIONER'S MOTHER-IN-LAW IN
O.P.F.C.NO.588/2019
EXHIBIT P4 TRUE COPY OF THE COMPLAINT MADE TO THE
POTHENCODE POLICE STATION DATED 19/12/2020
EXHIBIT P5 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
NO.9464/15 DATED 05/12/2015 SHOWING
ATTACHMENT OF MARITAL HOME CONSISTING OF
PROPERTIES MEASURING 5 CENTS IN THE
RE.SY.NO.66/5 OF ULIAZHTHURA VILLAGE AS
DESCRIBED IN SETTLEMENT DEED NO.4023/13 OF
SRO POTHENCODE.
EXHIBIT P6 TRUE COPY OF ENCUMBRANCE CERTIFICATE
NO.10917/2019 DATED 05/12/2019 OF SRO
POTHENCODE
EXHIBIT P7 TRUE COPY OF THE UNDATED NEWSPAPER REPORT
EXHIBIT P8 TRUE COPY OF THE LETTER ISSUED BY THE
GENERAL SECRETARY OF THE 'PULLAMALA MUSLIM
JAMA-ATH 'OF ATTINPURAM'PANAVOOR.P.O,
NEDUMANGAD DATED 08/10/2016.
