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Sharjain vs The Superintendent Of Police … on 16 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

WEDNESDAY,THE 16TH DAY OF JANUARY 2019/26TH POUSHA, 1940

WP(Crl.).No. 16 of 2019

PETITIONER:

SHARJAIN
AGED 35 YEARS
S/O.KASIM PILLAI, CHERUVILAKOM HOUSE,
KOLIYACODE.P.O., VELAVOLOR, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.J.JAYAKUMAR

RESPONDENTS:

1 THE SUPERINTENDENT OF POLICE (RURAL)
OFFICE OF SUPERINTENDENT OF POLICE,
P.M.G.JUNCTION, THIRUVANANTHAPURAM-695001.

2 THE DEPUTY SUPERINTENDENT OF POLICE
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
ATTINGAL, THIRUVANANTHAPURAM-695101.

3 THE CIRCLE INSPECTOR OF POLICE
ATTINGAL, THIRUVANANTHAPURAM-695101.

4 THE STATION HOUSE OFFICER
CHIRAYINKEEZHU POLICE STATION,
THIRUVANANTHAPURAM-695304.
W.P.(Crl) No.16/2019
-:2:-

5 ANSAR
AGED 56 YEARS
POOMANGALAM, MUDAPURAM.P.O., KIZHUVILAM
VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM DISTRICT-695304(PANCHAYATH
PRESIDENT, KIZHUVILAM GRAMA PANCHAYATH).

6 RAMEEZ
AGED 25 YEARS
S/O.ANSAR, POOMANGALAM, MUDAPURAM.P.O,
KIZHUVILAM VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM DISTRICT-695304.

BY ADV. SRI.M.ABDUL RASHEED

OTHER PRESENT:
SR.GP.SRI.K.B.RAMANAND

THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
16.01.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl) No.16/2019
-:3:-

C.K. ABDUL REHIM

T.V. ANILKUMAR, JJ.
—————————————————–
W.P.(Crl) No. 16 OF 2019 S
——————————————————-
Dated this the 16th day of January, 2019

JUDGMENT

Abdul Rehim, J.

The petitioner is approaching this court raising an

allegation that his legally wedded wife, Smt.Roshna

Anzar(hereinafter referred to as ‘the alleged detenue’) is under

illegal detention of the respondents 5 and 6, who are her father

and brother. The petitioner seeks for a writ of Habeas Corpus

for commanding production of the corpus of the alleged detenue

and to issue necessary directions with respect to her custody.

2. It is averred in the writ petition that, the marriage

between the petitioner and the alleged detenue was solemnized

on 14.08.2008 and a female child, now aged 7 years, was born
W.P.(Crl) No.16/2019
-:4:-

out of the said wedlock. The petitioner is employed in gulf

countries. The petitioner and the alleged detenue were living

together under matrimony in gulf, for some time. She was sent

back to her parental home while she became pregnant. It is

alleged that, the respondents 5 and 6 are now detaining the

alleged detenue and the child. It is also stated that, under the

influence of the 5th respondent, the police had registered a case

against the petitioner and his father as Crime No.1416/2018 of

Chirayinkeezhu Police Station, alleging offence punishable

under Section 498A of the Indian Penal Code. It is further

stated that, the alleged detenue had filed a case before the

Family Court, Attingal as O.P. No.1615/2018 seeking recovery

of money and gold ornaments. According to the petitioner,

despite attempts made, the respondents 5 and 6 are not

permitting the petitioner to see the alleged detenue and the

child. Raising an allegation that the alleged detenue is confined

against her will, the above writ petition is filed.
W.P.(Crl) No.16/2019
-:5:-

3. Pursuant to notice issued from this court, the

respondents 5 and 6 appeared through counsel. They have

denied the allegations of illegal detention. Learned Government

Pleader appearing for the respondents 1 to 4 had submitted a

report of the 4th respondent. A statement of the alleged detenue

recorded by the 4th respondent is produced along with the

report. On a perusal of the statement of the alleged detenue it

is evident that she had instituted a criminal case as well as a

case before the Family Court against the petitioner and his

father, on her own. It is categorically stated that she was

continuously harassed and neglected by the petitioner and her

family members. According to the alleged detenue, she is now

living in her parental home along with the child, on her own wish

and will. She is not intending to resume cohabitation with the

petitioner, because of the alleged torture from the side of the

petitioner and her family members.

4. From the circumstances as mentioned above, it is
W.P.(Crl) No.16/2019
-:6:-

evident that there exits severe matrimonial dispute between the

petitioner and the alleged detenue. There is absolutely no basis

for the allegations of illegal detention. This court is convinced

that the petitioner is residing in her parental home along with

the child on her own wish and will. Therefore we do not find

any basis for the allegations of illegal detention. The parties will

be at liberty to seek appropriate remedy before the appropriate

court with respect to the matrimonial disputes. However, since

there is no basis for the allegation of illegal detention, we are of

the opinion that no circumstances exists warranting interference

by this court for issuance of a writ of Habeas Corpus.

Hence, the above writ petition fails and the same is hereby

dismissed.

Sd/- C.K. ABDUL REHIM, JUDGE.

Sd/- T.V. ANILKUMAR, JUDGE.

ul/-

[True copy]
P.S. to Judge.

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