Kerala High Court
Kumar A vs Manju on 28 May, 2024
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(CRL.) NO. 550 OF 2024
PETITIONER:
KUMAR A
AGED 43 YEARS
S/O ACHUTHAN, THADATHARIKATHU VEEDU, THACHONAM ,
KUMMIL, VATTATHAMARA PO, KOLLAM DISTRICT, PIN - 691536
BY ADVS.
DILEEP VARGHESE
TESMY VARGHEESE
RESPONDENTS:
1 MANJU
W/O PRAVEEN, LAKSHMI NIVAS, MEVARKKAL , KUNNUVARAM,
ALAMCODE PO, PIN - 695102
2 STATION HOUSE OFFICER
ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT,
-695101, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
3 DISTRICT POLICE CHIEF
THIRUVANANTHAPURAM RURAL POLICE, DISTRICT POLICE
OFFICE, PATTOOR PMG ROAD, PALAYAM, THIRUVANANTHAPURAM
PIN-695033, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
SRI P M SHAMEER, GP.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR FINAL HEARING
ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP (Crl) No.550 of 2024 2
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner states that he is a divorcee and is working as a Mechanic.
He is also a Folk Music Artist. He contends that the corpus ('Ms. X' for the sake of
brevity) was a member of his music troup. According to him, he is in an intimate
relationship with Ms. X and they are planning to get married. They approached
the Marriage Registrar and has issued notice of intended marriage under Section
5 of the Special Marriage Act, 1954. In order to prevent the marriage from taking
place, Ms. X has been illegally confined by the 1st respondent, who is her mother.
It is in the afore circumstances that the petitioner is before this Court seeking
issuance of a writ of habeas corpus to produce Ms. X and set her at liberty.
2. By order dated 24.05.2024, this Court had directed Ms. X to appear
before us in person.
3. We have interacted with Ms. X as well as the petitioner. Ms. X was
found to be very cheerful. She stated before us that though she and the
petitioner were in a relationship, she has decided to part ways. She also stated
that she is not under illegal detention.
4. The Hon'ble Supreme Court in Shafin Jahan1, has observed that
Shafin Jahan v. Asokan K.M., (2018) 16 SCC 368
the pivotal purpose of a writ of habeas corpus is to see that no one is deprived of
his/her liberty without sanction of law. It is the primary duty of the State to see
that the said right is not sullied in any manner whatsoever and its sanctity is not
affected by any kind of subterfuge. The role of the Court is to see that the detenu
is produced before it, find out about his/her independent choice, and see to it
that the person is released from illegal restraint. What is seminal is to remember
that the song of liberty is sung with sincerity and the choice of an individual is
appositely respected and conferred its esteemed status as the Constitution
guarantees. It is so as the expression of choice is a fundamental right under
Articles 19 and 21 of the Constitution, provided the said choice does not
transgress any valid legal framework. Once that aspect is clear, the inquiry and
determination have to come to an end.
From our enquiry, we are satisfied that Ms. X is not under illegal detention.
This Petition is closed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
P.M.MANOJ
JUDGE
APM/28/5/2024
APPENDIX OF WP(CRL.) 550/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MARRIAGE NOTICE GIVEN BY
PETITIONER AND SUBJECT UNDER SECTION 5 OF
SPECIAL MARRIAGE ACT,1954
