High Court Kerala High Court

Devasya vs The District Superintendent Of … on 19 December, 2008

Kerala High Court
Devasya vs The District Superintendent Of … on 19 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl.).No. 458 of 2008(S)


1. DEVASYA, AGED 54 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT SUPERINTENDENT OF POLICE
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE

3. MILAN, RANDAMPUZHAKKAL,

4. BALAN, RADAMPUZHAKKAL,

5. MOHINI.R.,W/O.BALAN,

                For Petitioner  :SRI.JOHNSON GOMEZ

                For Respondent  :SRI.P.SANTHOSH  (PODUVAL)

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :19/12/2008

 O R D E R
                KURIAN JOSEPH & K.T.SANKARAN, JJ.
            -------------------------------------------------------------
                       W.P.(CRL.) NO. 458 OF 2008
            -------------------------------------------------------------
                   Dated this the 19th December, 2008


                                JUDGMENT

Kurian Joseph, J.

This Writ Petition is at the instance of a father alleging that

his daughter Roshmin Sebastian has been illegally detained by the

third respondent. Smt.Roshmin Sebastian and the third respondent

are present before us. The petitioner and his wife are also present.

It is brought to our notice that the third respondent and

Smt.Roshmin Sebastian are duly married under the provisions of

the Special Marriage Act on 13.3.2008. Smt.Roshmin Sebastian

submits that she is not in the illegal custody of her husband or

anybody else and that she is living happily with her husband. We

had provided an opportunity to Smt.Roshmin Sebastian to interact

with her parents. Though the parents requested Smt.Roshmin

Sebastian to go and stay with them at least for ten days, she

submitted that if her parents are willing to take her husband also

with her, she is prepared to go. That suggestion is not acceptable

to the petitioner. Since Smt.Roshmin Sebastian is not in the illegal

W.P.(CRL.) NO. 458 OF 2008

:: 2 ::

custody of the third respondent, there is no merit in the Writ

Petition.

The Writ Petition is, therefore, dismissed.

(KURIAN JOSEPH)
Judge

(K.T.SANKARAN)
Judge
ahz/