Kerala High Court
Sulaikha K V vs Nishad B P on 30 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
WP(CRL.) NO. 433 OF 2024
PETITIONER:
SULAIKHA K V
AGED 52 YEARS
W/O UMARALI, KOLLANTAKAYIL HOUSE, PURANG, PURANG POST,
MARANCHERI, MALAPPURAM DISTRICT., PIN - 679584
BY ADVS.
BINU V V VEETTIL VALAPPIL
MANEKSHA D.
RESPONDENTS:
1 NISHAD B P
AGED 24 YEARS
S/O NASER, VATTAPARAMBIL HOUSE, AMMAYIPALAM, MALANKARA
VAYAL, NENMENI POST, NENMENI AMSOM, WAYANAD DISTRICT, PIN
- 673592
2 NASER
AGE AND S/O NOT KNOWN TO THE PETITIONER, VATTAPARAMBIL
HOUSE, AMMAYIPALAM, MALANKARA VAYAL, NENMENI POST,
NENMENI AMSOM, WAYANAD DISTRICT., PIN - 673592
3 JOEL DANIAL EAPEN
AGE NOT KNOWN TO THE PETITIONER, S/O DANIAL EAPEN,
POOMALA POST, SULTHAN BATHERY, WAYANAD DISTRICT., PIN -
673593
4 THE CIRCLE INSPECTOR OF POLICE
AMBALAVAYAL, AMBALAVAYAL POLICE STATION, AMBALAVAYAL
POST, WAYANAD DISTRICT., THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM., PIN - 673593
5 THE CIRCLE INSPECTOR OF POLICE
SULTHAN BATHERI POLICE STATION, SULTHAN BATHERY POST,
WAYANAD DISTRICT., THROUGH THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM., PIN - 673592
6 THE WARDEN
VIMAL JYOTHI WORKING WOMENS HOSTEL JAIN TEMPLE ROAD,
WP(CRL.) NO. 433 OF 2024
2
SULTHAN BATHERI, WAYANAD., PIN - 673592
7 THE MARRIAGE OFFICER & SUB REGISTRAR
SUB REGISTRAR OFFICE, SULTHAN BATHERY, WAYANAD DISTRICT.,
PIN - 673592
BY ADVS.
VISHNU DAS
ANAGHA A.S.(K/001213/2022)
SRUTHI DAS(K/000199/2019)
GINI GEORGE(K/001574/2024)
MARIA NEETHU T.J(K/000581/2021)
SR.PP. S.GOPINATH
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 433 OF 2024
3
JUDGMENT
DEVAN RAMACHANDRAN.J
The petitioner - mother of the alleged
detenue, alleges that she is being detained
against her wish by the 1st respondent.
2. When this matter was considered by this
Court on 19.04.2024, the following order was
issued:
" The alleged detenue - Kum.Husna
Ummarali and the 1st respondent are
present. Kum.Husna Ummarali submitted
that she is voluntarily residing with
the 1st respondent and that they have
submitted an application before the
7th respondent - Marriage Officer &
Sub Registrar showing their intention
to get married as per the Special
Marriage Act. Ext.P1 is the notice of
intended marriage. It is further
submitted that the marriage is
proposed to be solemnized on
27.04.2024.
Post this case for further
consideration on 30.04.2024. The
parties shall appear on the next
WP(CRL.) NO. 433 OF 2024
posting date."
3. Today, the alleged detenue - Smt.Husna
Ummarali is present before us, along with the 1st
respondent. She asserts, rather unequivocally,
that she is not detained by the 1st respondent;
but that, on the contrary, she has married him
voluntarily and even give as a copy of the
Marriage Certificate, in substantiation.
4. The petitioner projects a cause that she
believes that the 1st respondent is involved in
criminal activities and that he is unemployed,
thus being not in a position to take care of her
daughter.
5. The mind of a mother certainly would be
procellous in such circumstances; but we are
afraid that this would not be a ground for us to
intervene and to set limits on the liberties of
WP(CRL.) NO. 433 OF 2024
the alleged detenue, when she says that she is
not in detention and that she wants to live with
the 1st respondent, who she asserts to be her
legally married husband.
6. The learned counsel for the petitioner -
Sri.Binu.V.V.Veettil, however, submitted that
his client was already filed objections against
the marriage stated to have been registered by
the jurisdictional Registering Officer.
Obviously, this is not an arena this Court can
enter; and we, therefore, leave full liberty to
the petitioner to invoke any remedy that may be
available to her in law, for which purpose, all
contentions in that regard are left open.
7. As far as this writ petition is
concerned, we cannot move forward because of the
stand taken by the alleged detenue.
WP(CRL.) NO. 433 OF 2024
In the afore circumstances, with the above
requested liberty being reserved to the
petitioner, this writ petition is closed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
EASWARAN S.
JUDGE
SAS
WP(CRL.) NO. 433 OF 2024
APPENDIX OF WP(CRL.) 433/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE MARRIGE NOTICE ISSUED BY THE
7TH RESPONDENT DATED 26.03.2024
