Kerala High Court
Maheen N vs Deputy Superintendent Of Police on 14 July, 2021
W.P.(Crl.) No.164 of 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
WP(CRL.) NO. 164 OF 2021
PETITIONER/S:
MAHEEN N.
AGED 22 YEARS
S/O NISA N., FATHIMA MANZIL,KANNANKODE,
NILAMEL,KOLLAM DISTRICT.
BY ADV LATHEESH SEBASTIAN
RESPONDENT/S:
1 DEPUTY SUPERINTENDENT OF POLICE
ATTINGAL,THIRUVANANTHAPURAM-695101.
2 STATION HOUSE OFFICER
VENJARAMOODU POLICE STATION,
THIRUVANANTHAPURAM-695607.
3 STATION HOUSE OFFICER
CHADAYAMANGALAM POLICE STATION,KOLLAM-691534.
4 SASIKUMAR,
VILAYIL VEEDU,VALIYAKANNICHODU,KALAMACHAL,
VENJARAMOODU,THIRUVANANTHAPURAM-695606.
5 ABHIJITH,
S/O SASIKUMAR,VILAYIL VEEDU,VALIYAKANNICHODU,
KALAMACHAL,VENJARAMOODU,THIRUVANANTHAPURAM-695606.
OTHER PRESENT:
FOR R1 TO R3 BY SENIOR GOVERNMENT PLEADER
SRI.K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.) No.164 of 2021 2
JUDGMENT
Ziyad Rahman A.A., J.
This Writ Petition is filed by the petitioner for
issuance of a writ of habeas corpus directing the
respondents to produce the body of the alleged detenue
named Ms. Abhirami S.B, the daughter of the 4th
respondent and the sister of the 5th respondent, and to
set her at liberty by releasing her from the illegal
detention of the said respondents.
2. The case of the petitioner is that, he is a
Medical Representative and while studying for degree
course at NSS College, Nilamel he and the alleged
detenue fell in love. As they belong to different
religions, the parents of the alleged detenue opposed
the said relationship. Having realized that their
marriage may not be possible with the consent of the
parents, they have decided to solemnize their marriage
under the Special Marriage Act. On 20.06.2021, the
alleged detenue left her parental house and reached the
residence of the petitioner. Both of them have also
prepared Ext. P1 notice of intended marriage under the
Special Marriage Act. Before they could proceed with
the solemnization of marriage, 4th and 5th respondents
came to the residence of the petitioner and forcefully
taken the alleged detenue to their house. According to
the petitioner, the alleged detenue is now under
illegal detention of the said respondents. This writ
petition is filed in the above circumstances.
3. When the writ petition came up for admission on
25.6.2021, we passed an order directing 2 nd respondent/
Station House Officer, Venjaramoodu Police Station to
get a statement of the alleged detenue through a woman
police officer without the presence of her parents or
other family members. In compliance of the said
direction, the 2nd respondent caused a statement
recorded and the same is placed on record along with a
memo of the learned Senior Government Pleader. In the
said statement, the alleged detenue acknowledged the
relationship and also confirmed the steps they have
taken jointly to initiate the legal procedure
for the marriage under the Special Marriage Act. It is
also confirmed that, she was taken back to her parental
house by the 4th and 5th respondents against her will.
She further states that even though the parents as well
as her brother were continuously insisting her to
withdraw herself from the relationship with the
petitioner, she asserted that she is intending to marry
only the petitioner. In such circumstances, the parents
have promised to conduct their marriage, once the
studies of the alleged detenue are over. She further
states that, she do not have much faith on the said
promise made by the parents. Even while making the
above statements, she stated that she is not under any
illegal detention.
4. In the above circumstances, to make sure that
she is not under any illegal detention, we passed an
order on 7.7.2021, directing the parties to appear
before this Court through video conferencing so as
to enable us to have an interaction with her. To ensure
that such interaction is without any interference
by any of her parents or relatives, we directed
the Secretary-in charge, the District Legal
Services Authority, Thiruvananthapuram (Additional
Sub Judge-II, Thiruvananthapuram) to facilitate such
video conferencing, from their premises. On the basis
of the said order, today, the alleged detenue along
with her parents appeared before the Secretary,
District Legal Services Authority, Thiruvananthapuram
and participated in the video conferencing. The
petitioner was also present.
5. When we interacted with the alleged detenue,
she reiterated that she is not under any illegal
detention. She also stated that, she is intending to
marry the petitioner and her parents have agreed to
conduct the said marriage. In response to our specific
question as to with whom she wishes to go, she answered
that she intends to go along with her parents. We are
convinced that she is competent as well as capable of
taking a conscious decision and she is not under any
threat or compulsion.
From the facts and circumstances of the case, we
have no reason to arrive at any assumption that she is
under any illegal detention and hence we do not find
any grounds to entertain this writ petition.
Accordingly the writ petition is dismissed.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
pkk
APPENDIX OF WP(CRL.) 164/2021
PETITIONER ANNEXURE
Exhibit P1 TRUE COPY OF THE APPLICATION PREPARED BY
THE PETITIONER AND THE DETENUE UNDER THE
SPECIAL MARRIAGE ACT.
Exhibit P2 TRUE COPY OF THE COMPLAINT OF THE
PETITIONER SUBMITTED BEFORE THE 3RD
RESPONDENT DATED 20.06.2021.
Exhibit P3 TRUE COPY OF THE RECEIPT ISSUED FROM THE
OFFICE OF THE 3RD RESPONDENT.
