Muhammed Salmansha vs The State Of Kerala
2023 Latest Caselaw 7486 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
                                       &
               THE HONOURABLE MRS. JUSTICE C.S. SUDHA
  FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
                         WP(CRL.) NO. 662 OF 2023
PETITIONER:

               MUHAMMED SALMANSHA
               AGED 34 YEARS
               C/O MUHAMMED CHEGAALIVALAPPIL HOUSE, OZHUR P.O,
               MALAPURAM (DT) PIN - 676317
               BY ADVS.
               PADMA LAKSHMI
               MARIYAMMA A.K.


RESPONDENT:

    1          THE STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTER HIGH COURT OF
               KERALA ERNAKULAM DISTRICT, PIN - 682031
    2          THE STATION HOUSE OFFICER
               TANUR P.O., MALAPPURAM DISRICT KERALA, PIN -
               676302
    3          HAMZA
               AGED 53 YEARS
               MANGADANCHERY KORAD OZHUR P.O., MALAPPURAM
               DISRICT, PIN - 676307
               BY ADV K.M SATHYANATHA MENON K.M
               K.A.ANAS, PUBLIC PROSECUTOR


        THIS    WRIT    PETITION     (CRIMINAL)   HAVING    COME   UP   FOR
ADMISSION       ON     07.07.2023,    THE    COURT   ON    THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(Crl) 662 of 2023                2



            P.B.SURESH KUMAR & C.S.SUDHA, JJ.
             -----------------------------------------------
              Writ Petition (Crl) No.662 of 2023
             -----------------------------------------------
             Dated this the 7th day of July, 2023


                             JUDGMENT

P.B.Suresh Kumar, J.

This is a proceedings instituted seeking a writ of

habeas corpus directing the official respondents to produce

Musliha, the fiancé of the petitioner, who is allegedly detained

by her parents against her wishes in order to prevent her from

leading a life with the petitioner, and set her at liberty.

2. Musliha is aged 22 years. Pursuant to the interim

order passed by us in this proceedings on 4.7.2023, the official

respondents have produced Musliha before us today and we

have interacted with her. In the course of our interaction with

Musliha, she affirmed that she wants to live with the petitioner

and that her parents are not permitting her to live with the

petitioner. We have interacted with the parents of Musliha and

during our interaction, they maintained the stand that the

petitioner being a female who has transitioned to male, they

are not prepared to give away Musliha in marriage to the

petitioner. We have interacted with Musliha again and asked

as to whether the decision taken by her to live with the

petitioner is a considered one, and Musliha was firm in her

stand that it is a considered decision. We do not find any reason

to doubt the genuineness of the assertions made by Musliha.

We, therefore, set Musliha at liberty. Musliha is free to take a

decision as to whether she should live with the petitioner or

with her parents. The writ petition(Crl) is disposed of

accordingly. The second respondent shall ensure compliance of

this order.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Sd/-

C.S.SUDHA, JUDGE.

Mn

APPENDIX OF WP(CRL.) 662/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PHOTOGRAPHS PRODUCED Exhibit P2 TRUE COPY OF THE PHOTOGRAPHS SHOWING HALLUCINATED MEDICINE Exhibit P3 TRUE COPY OF RELEVANT PAGE OF BANK PASS BOOK DATED24/01/2023