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
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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.
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W.P.(Crl) No. 16 OF 2019 S
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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
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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
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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
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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.