IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 432 of 2009(S)
1. BINU THOMAS, S/O.THOMAS DANIEL,
... Petitioner
Vs
1. CIRCLE INSPECTOR OF POLICE
... Respondent
2. SUB INSPECTOR OF POLICE
3. HAMZA,
For Petitioner :SRI.SUBHASH CYRIAC
For Respondent :SRI.SANTHEEP ANKARATH
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :02/11/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
* * * * * * * * * * * * *
W.P.(Crl).No.432 of 2009
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Dated this the 2nd day of November 2009
J U D G M E N T
Basant,J
The petitioner has come to this court with this petition for
issue of a writ of habeas corpus to search for, trace and produce
Nusaiba, a 21 year old woman born on 03/08/1988, who, the
petitioner alleged was under the illegal custody and detention of
the 3rd respondent, her father. This petition was filed on
26/10/2009. It was admitted on 27/10/2009 and the matter was
posted to this date for hearing. Today when the case was called,
the petitioner is present along with his counsel. The 3rd
respondent has appeared before court. He is also represented
by his counsel. The alleged detenue Nusaiba has come to court
along with the 3rd respondent.
2. In court, we ascertained from the alleged detenue that
she is aged 21 years – date of birth 03/08/1988. She confirmed
that the 3rd respondent is her father and that she knew the
petitioner. To a specific query by us in court, she stated that she
does not want this court to give her permission to interact with
W.P.Crl No.432/09 2
the petitioner. As the alleged detenue comes from the custody of
the 3rd respondent, we wanted to give her sufficient time to
coolly reflect and take a decision. We hence did not ascertain
her response in court. We allowed her to remain alone in the
chamber without interaction with anyone including the 3rd
respondent, her father.
3. After the lunch recess – that is after giving her about
three hours time to think for herself and decide on the response
to us, we interacted with her and she stated categorically that
she is not under the illegal custody or detention of the 3rd
respondent or anyone else. She admitted that she knew the
petitioner Binu Thomas as a student, who studied along with her
at B.C.A course at Coimbatore. But according to her, she does
not want to marry the petitioner or be with him. In response to
our specific query, she stated that she wants to return along with
her father, the 3rd respondent and does not want to go with the
petitioner. We interacted with the alleged detenue alone initially
and thereafter in the presence of her father and subsequently in
the presence of the petitioner. The learned counsel for both
sides and the learned Government Pleader were also present.
W.P.Crl No.432/09 3
4. We are now satisfied that the alleged detenue Nusaiba
is not under illegal custody or detention of the 3rd respondent.
The 3rd respondent and the alleged detenue submit before us
that the Nikah of the alleged detenue is scheduled to take place
on 05/11/2009 and the marriage (consummation) on 20/12/2009.
We are satisfied that no further directions are necessary in this
writ petition.
5. In the result,
a) This writ petition is dismissed.
b) The alleged detenue Nusaiba is permitted to leave the
court along with the 3rd respondent, her father, as desired by
her.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr
// True Copy// PA to Judge
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W.P.Crl No.432/09 5
R.BASANT & M.C.HARI RANI, JJ.
.No. of 200
ORDER/JUDGMENT
29/07/2009