IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 364 of 2009(S)
1. SABIN.A., RAHMATH, MAMOODU,
... Petitioner
Vs
1. SHEREEF BABU, BETHEL BHAVAN, THURUTH
... Respondent
2. YASAR, BETHEL BHAVAN, THURUTH LANE
3. P.M.MOHAMMED HAJI, AMINA MANZIL,
4. CIRCLE INSPECTOR OF POLICE,
5. SUB INSPECTOR OF POLICE, VAZHAKULAM.
6. SUB INSPECTOR OF POLICE, KOTTAYAM DIST.
7. CIRCLE INSPECTOR OF POLICE, KUNDARA.
For Petitioner :SRI.PIRAPPANCODE V.S.SUDHIR
For Respondent :SRI.P.JACOB VARGHESE (SR.)
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :16/09/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
* * * * * * * * * * * * *
W.P.(Crl).No.364 of 2009
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Dated this the 16th day of September 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
Ms.Asna Shereef, who, the petitioner claims, is his legally
married wife, they having got married under Ext.P1 certificate of
marriage on 05/11/2008 under the provisions of the Special
Marriage Act. This petition was filed on 07/09/2009. The same
was admitted on 09/09/2009 and was posted to this date. Today
when the case is called, the petitioner is present along with his
father and his counsel. Respondents 2 and 3 are present along
with their counsel. The 1st respondent appears through the same
counsel.
2. As the alleged detenue comes from the custody of
respondents 1 to 3, to ensure that she is not pressurised or
influenced, we permitted her to remain in the chamber without
being influenced by anyone. Later, we interacted with her in the
chamber. Initially, the interaction was with the alleged detenue
W.P.Crl No.364/09 2
alone. Later, we interacted with her in the presence of the
petitioner and his father and respondents 2 and 3. Respective
counsel and learned Government Pleader were also present.
Ms.Asna Shereef asserts unambiguously that she is not under
any illegal confinement or detention. She is aged 19 years, she
having been born on 26/5/1990. She admits Ext.P1 certificate of
marriage; but does not admit the validity of marriage thereby
allegedly performed. It is submitted by the learned counsel for
respondents 1 to 3 that O.P.No.881/2009 has already been
initiated before the Family Court, Ettumanoor under Section 25
of the Special Marriage Act for an order declaring the alleged
marriage performed under Ext.P1 to be null and void.
3. We are convinced from the totality of circumstances
that the alleged detenue Ms.Asna Shereef is not under illegal
detention or confinement by anyone. We respect her submission
that she now wants to leave along with respondents 2 and 3.
She wants to live with her parents. She is now a student.
Having satisfied ourselves that the alleged detenue is not under
illegal confinement or detention by anyone, we are satisfied that
no further directions are necessary in this writ petition. It
appears that the parties are interested in attempting a
W.P.Crl No.364/09 3
harmonious settlement. As the matter is pending before the
Family Court, Ettumanoor and both parties submit that it will be
more convenient for them to appear for mediation/conciliation
before the Family Court, they are directed to appear before the
Family Court, Ettumanoor on 29/09/2009. The Family Court
shall ensure that steps for mediation/conciliation are initiated in
O.P.(Div) No.881/09 on that day.
4. In the result, this writ petition is dismissed. Ms.Asna
Shereef is permitted to leave the court along with respondents 2
and 3 as desired by her.
5. Hand over copy of this judgment to both counsel.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr
// True Copy// PA to Judge
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W.P.Crl No.364/09 5
R.BASANT & M.C.HARI RANI, JJ.
.No. of 200
ORDER/JUDGMENT
29/07/2009