Kerala High Court
Nazin Nazar vs Deputy Superintendent Of Police on 11 May, 2015
Author: C.K. Abdul Rehim
Bench: C.K.Abdul Rehim, K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
&
THE HONOURABLE MR.JUSTICE K.RAMAKRISHNAN
MONDAY, THE 27TH DAY OF JULY 2015/5TH SRAVANA, 1937
WP(Crl.).No. 205 of 2015 (S)
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PETITIONER(S):
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NAZIN NAZAR, S/O.NAZAR, AGED 23 YEARS,
NAZAR MANZIL, KULAMATTAM P.O., KAVALAYOOR,
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENT(S):
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1. DEPUTY SUPERINTENDENT OF POLICE,
ATTINGAL, THIRUVANANTHAPURAM DISTRICT.
2. THE SUB INSPECTOR OF POLICE,
KADAKKAVOOR POLICE STATION,
THIRUVANANTHAPURAM DISTRICT.
3. SREEHARI, S/O.VAMANAN, AGED 20 YEARS,
AJANTHA, CHEDITHOTTI, KADAKKAVOOR P.O.,
THIRUVANANTAPURAM DISTRICT.
4. SREELAKSHMI, D/O.VAMANAN,
KADAKKAL VILAKATH VEEDU, ANAYARA P.O.,
THIRUVANANTHAPURAM DISTRICT.
R1 & R2 BY SRI. TOM JOSE PADINJAREKKARA,
ADDL.DIRECTOR GENERAL OF PROSECUTION
R3 & R4 BY ADV.SRI.M.BALAGOVINDAN
GOVERNMENT PLEADER SRI.SHIBU JOSEPH
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
27-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:2:
WP(Crl.).No. 205 of 2015 (S)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 - TRUE COPY OF THE COMPLAINT OF THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 11.05.2015
RESPONDENT(S)' EXHIBITS
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EXT.R3(a) - TRUE COPY OF THE RECEIPT ISSUED BY THE SUB REGISTRAR
DATED 11.05.2015
// True Copy//
P.A. to Judge
ss
C.K. ABDUL REHIM &
K. RAMAKRISHNAN, JJ.
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W.P.(Crl.) No.205 of 2015
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Dated this the 27th day of July, 2015
JUDGMENT
C.K. Abdul Rehim, J This writ petition seeking Habeas Corpus directing for production of the petitioner's sister, Miss. Jasna, aged 17 years, is filed based on an allegation that she is being illegally detained by respondents 3 and 4. The 4th respondent is the sister of the 3rd respondent. Averments in the writ petition are to the effect that, the father of the petitioner and the alleged detenue, Sri.Nazar, had abandoned his family and his whereabouts are not known. Their mother is employed in Gulf and the alleged detenue, Miss.Jasna was under the care and protection of the petitioner. The alleged detenue was studying for 'Plus Two' course. While so she was missing from 10.05.2015 onwards and the enquiries made revealed that she went along with the 3rd respondent. But her whereabouts are not known. W.P.(Crl.) No.205 of 2015 2 The petitioner preferred a complaint before the 2nd respondent and on the basis of which a criminal case was registered as Crime No.604/2015 under Section 57 of the Kerala Police Act. Alleging that the police authorities are not taking any effective steps to trace out the alleged detenue and also alleging that she is being illegally detained against her will by respondents 3 and 4, this writ petition is filed.
2. Pursuant to various orders issued by this court, the alleged detenue was traced out and produced before this court on 22.06.2015. It was reported on behalf of respondents 1 and 2 that she was produced before the Judicial First Class Magistrate Court-I, Varkala, on 17.06.2015 and she was directed to be admitted in a Hostel at Varkala. When we interacted with the alleged detenue it is said that she had left her house on 10.06.2015 along with the 3rd respondent and was living along with him. She also said that they have solemnized the marriage in a temple at Thiruvananthapuram on 11.06.2015. She expressed her W.P.(Crl.) No.205 of 2015 3 desire to go along with 3rd respondent to live as husband and wife. We noticed that the alleged detenue had completed 18 years on 1.07.2014. It is further noticed that the alleged detenue belongs to Islam whereas the 3rd respondent is a Hindu. Hence we found that the marriage alleged to have been solemnized has no legal sanctity. Since there existed no valid marriage, we directed the 2nd respondent to admit the alleged detenue at the very same Hostel - Vrindavan Hostel, Varkala. The 3rd respondent was directed to take steps to solemnize the marriage under the Special Marriage Act. Thereafter, through order dated 01.07.2015, we permitted the alleged detenue to appear before the Marriage Officer, Kadakkavoor to register the marriage.
3. Today when the case is taken up, learned counsel appearing for the 3rd respondent had produced the Certificate of Marriage issued by the Marriage Officer, Kadakkavoor, dated 24.07.2015. It is evident that a valid marriage under provisions of the Special Marriage Act, W.P.(Crl.) No.205 of 2015 4 1954 has already been solemnized between the alleged detenue and the 3rd respondent on the above said date. We take note on record about the said valid marriage.
4. The alleged detenue and the 3rd respondent are personally present before this court. They submitted that they are intending to live together as husband and wife in the house of the 3rd respondent.
Under the above mentioned circumstances, finding that the alleged detenue is not under any illegal confinement, we dispose of this writ petition setting her at liberty to live together with the 3rd respondent as husband and wife.
Sd/-
C.K. Abdul Rehim, Judge Sd/-
K. Ramakrishnan, Judge // True Copy// P.A. to Judge ss