K.M. Peer Mohammed vs Station House Officer
2023 Latest Caselaw 9413 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
     FRIDAY, THE 1ST DAY OF SEPTEMBER 2023 / 10TH BHADRA, 1945
                       WP(CRL.) NO. 859 OF 2023
PETITIONER/S:

           K.M. PEER MOHAMMED
           AGED 44 YEARS, S/O. LATE MOHAMMED KASIM,
           RESIDING AT NO. E-3, GOVERNMENT STAFF QUARTERS,
           KAMARAJ, RED FIELDS, COIMBATORE, PIN - 641018.

           BY ADV ANILA UMESH


RESPONDENTS:

     1     STATION HOUSE OFFICER
           MANKARA POLICE STATION, PALAKKAD, PIN - 678613.
     2     STATION HOUSE OFFICER
           ALL WOMENS POLICE STATION, COIMBATORE, PIN - 641001.
     3     MR. A. MUHAMMED ALI
           THAVALATHIL HOUSE, MANNUR POST,
           PALAKKAD DISTRICT, PIN - 678642.
     4     MR. MOHAMMMED FAROOK,
           MR.MUHAMMED ALI, THAVALATHIL HOUSE,
           MANNUR POST, PALAKKAD DISTRICT, PIN - 678642.
     5     SAJITHA
           W/O. MR.A. MUHAMMED ALI,
           THAVALATHIL HOUSE, MANNUR POST,
           PALAKKAD DISTRICT, PIN - 678642.


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (Crl.) No.859 of 2023                       2




     A. MUHAMED MUSTAQUE & ANIL K. NARENDRAN, JJ.
     ----------------------------------------------------------------------------------
                             W.P. (Crl.) No.859 of 2023
                        --------------------------------------------
                   Dated this the 01st day of September, 2023.


                                    JUDGMENT

A. Muhamed Mustaque, J.

This is a typical case of matrimonial dispute, in which an attempt

is made to get a relief through Habeas Corpus. The petitioner is the

father of the minor child (alleged detenu) and husband of Ramlath

(alleged detenue). The petitioner claims that his wife and younger

child have been detained by the respondents 3 to 5, who are the

parents and brother of his wife.

2. The parties are before us. We have interacted with the

petitioner's wife and her parents. On interaction, the wife states that

she does not want to go with the petitioner, who is her husband, as he

has ill-treated her. The elder child is with the petitioner. It has been

stated before us by the learned counsel appearing for the party

respondents that the petitioner's wife has already filed a guardian

petition before the Family Court, Palakkad.

3. After hearing both sides and after having interacted with

both the parties, we feel that there is no scope to interfere with the

matter invoking Habeas. Liberty is accorded to the parties to work out

their remedies before the competent jurisdictional Family Court, in the

manner known to law.

Accordingly, the writ petition (criminal) will stand dismissed.

Sd/-

A. MUHAMED MUSTAQUE, JUDGE

Sd/-

ANIL K. NARENDRAN, JUDGE

Skk//01092023

APPENDIX OF WP(CRL.) NO.859/2023

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE COMPROMISE AFFIDAVIT ENTERED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT II, PALAKKAD BETWEEN THE PETITIONER AND HIS WIFE DATED 29.7.2017 IN M.C. NO. 65/2016 EXHIBIT P2 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM K.G. HOSPITAL, COIMBATORE SHOWING HE PETITIONER'S WIFE'S EARLY MEDICAL HISTORY DATED 10.12.2012 EXHIBIT P3 TRUE COPY OF THE ABSENCE CERTIFICATE ISSUED FROM AIR FORCE SCHOOL, COIMBATORE TO DETENUE SON SHAHRUKH DATED 21.8.2023 EXHIBIT P4 TRUE COPY OF THE TC CERTIFICATE ISSUED FROM KENDRIYA VIDYALAYA COIMBATORE TO THE DETENUE SHAHRUKH DATED 27.4.2023 EXHIBIT P5 TRUE COPY OF THE BONAFIDE CERTIFICATE ISSUED FROM AIR FORCE SCHOOL, COIMBATORE TO THE PETITIONER'S ELDER SON DATED 21.8.2023 EXHIBIT P6 TRUE COPY OF THE RECOMMENDATION LETTER ISSUED BY WING COMMANDER IN AIR FORCE FOR SECURING ADMISSION FOR PETITIONER'S YOUNGER SON SHARUKH IN AIR FORCE SCHOOL, COIMBATOR DATED 6.3.2023 EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 10.6.2023 MADE BY PETITIONER BEFORE THE COIMBATORE ALL WOMEN POLICE STATION EXHIBIT P7(A) TRUE COPY OF THE TRANSLATION OF EXHIBIT P6 COMPLAINT MADE BY PETITIONER DATED 10.6.2023 EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 11.8.2023 MADE BY PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE POSTAL RECEIPT OF THE EXHIBIT P8 COMPLAINT