Kerala High Court
Makan Singh vs Jeethram Bairwa on 10 October, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(CRL.) NO. 1036 OF 2024
PETITIONER:
MAKAN SINGH, AGED 24 YEARS, S/O. PARBATH SINGH,
JALAMPURA VILLAGE, SAYALA CITY, JALOOR DISTRICT,
RAJASTHAN, PIN-343022, NOW RESIDING AT HOUSE NO.
58, PULLEPPADY CROSS ROAD, PULLEPPADY, ERNAKULAM,
KOCHIN-, PIN - 682018
BY ADVS.
R.BINDU (SASTHAMANGALAM)
G.RAJAGOPAL (KUMMANAM)
RESPONDENTS:
1 JEETHRAM BAIRWA, S/O. GIRRAJ PRASAD BAIRWA,
KHODA KA KHEDA, SARAS NEWAI, TONK, RAJASTHAN,,
PIN - 304021
2 MANSINGH, DEVGARH, GOINDLA, JALOR, GOVINDLA,
RAJASTHAN,, PIN - 307029
3 STATION HOUSE OFFICER, ERNAKULAM CENTRAL
POLICE STATION, ERNAKULAM, KOCHI, PIN - 682018
4 CITY POLICE COMMISSIONER, ERNAKULAM, KOCHI,
PIN - 682011
5 STATE OF KERALA, REPRESENTED BY THE SECRETARY
TO HOME, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
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2
BY ADVS.
SHRI.P.NARAYANAN, SPL. G.P. TO DGP
AND ADDL. P.P.
SRI P M SHAMEER-GP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 10.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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3
JUDGMENT
Devan Ramachandran, J.
The petitioner alleges that his wife - Smt.Santosh
Kumari, is being detained against her wishes by respondents No.1
and 2 at Rajasthan. He asserts that he married the alleged
detenue with the blessings of both families; but that the party
respondents have now manipulated her, to hold her against her
wishes in their illegal custody. He therefore, prays that
respondents 3 and 4 Police Officers be directed to produce the
alleged detenue before this Court and to set her at liberty.
2. Hearing the afore submissions of the petitioner, as
argued by his learned counsel - Sri.R.Bindu on 24.09.2024, when
this case was listed for admission, we issued summons to
respondents 1 and 2 and asked the learned Government Pleader to
obtain instructions from the official respondents.
3. On the last posting date, namely 08.10.2024, the
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learned Government Pleader made available a report from the
Police Authorities, handing it over across the Bar for our
consideration, in which, it is stated that the alleged detenue left
her home voluntarily on 31.05.2024 and joined the 1st respondent,
whom she had married much earlier than her marriage with the
petitioner, on 01.06.2024. It further states that her alleged second
marriage was done by her parents against her wishes, in July
2024.
4. On 08.10.2024, we also noticed that, even though
summons was served on the 1st respondent, he was not appearing
and we gave him one more chance. He and the alleged detenue
have thus appeared online today.
5. We interacted with the alleged detenue, who
confirmed that she married the 1st respondent on 01.06.2024;
imputing that her father got her married to the petitioner
thereafter against her wishes, after collecting money from him.
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She made it clear that she is not under detention and that she is
living with the 1st respondent as his wife, with full volition; and
this was affirmed by the said respondent also.
6. At this time, Sri.R.Bindu - learned counsel for the
petitioner, submitted that his client has now travelled to
Rajasthan, apparently being summoned by the Police Authorities
there; and therefore, sought permission for him to approach this
Court again, if any further information is received. He added that
his client even now believes that the alleged detenue is held
against her wishes.
7. We are afraid that the allegation, that the alleged
detenue is illegally detained, cannot appeal to us in the
circumstances noticed above. We can, therefore, only close this
Writ Petition; however, leaving liberty to the petitioner to
approach this Court again, if any valid information is received by
him.
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Resultantly, we close this Writ Petition with the afore
liberty being reserved to the petitioner.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B. SNEHALATHA
JUDGE
RR
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APPENDIX OF WP(CRL.) 1036/2024
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE PHOTOGRAPHS OF THE
MARRIAGE CEREMONIES
Exhibit -P2 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 1380/2024 OF CENTRAL
POLICE STATION, ERNAKULAM DATED
31.08.2024
