IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(Crl.).No. 259 of 2011(S) --------------------------- PETITIONER(S): PETITIONER ------------------------- NAHAS P.A,AGED 26 YEARS, S/O.ABOOBACKER SIDDIQ PANANGAD HOUSE, PAZHAYANNOOR,PALAKKAD BY ADV. SRI.P.K.ANIL RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM-695001 2. SUPERINTENDENT OF POLICE, PALAKKAD-678508 3. SUB INSPECTOR OF POLICE, NENMANRA POLICE STATION-678508 4. M.KABEER, ARFA MANZIL, ALUVASSERY NENMARA, PALAKKAD-678508 ADV. SRI.SAJI SANKARAN NAIR FOR R4 SRI.M.G.KARTHIKEYAN FOR R4 SRI.NIREESH MATHEW FOR R4 SRI.RANJITH JACOB KOSHY FOR R4 GOVT.PLEADER SMT.M.K.PUSHPALATHA. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- W.P.(Criminal) No.259 of 2011 ----------------------------------------------- Dated 2nd June, 2011. J U D G M E N T Joseph, J. The Writ Petition is filed mainly with the following prayers :- (i) Issue a writ of habeas corpus or any other appropriate writ, order or direction, commanding the 2nd and 3rd respondents to produce the body of the detenue by name Thahira before this Court, and set her at liberty. (ii) To declare that the detention of the detenue is illegal and violative of the fundamental rights. 2. Briefly put the case of the petitioner is as follows : The petitioner and the alleged detenue were close friends. Later, their marriage was proposed. However, there were differences between two family members and the 4th respondent, the father of the alleged detenue, was not willing to marry off the detenue to the petitioner. Later on, the detenue married one Zakhier Hussien. 3. Allegations are made to the effect that the life of the alleged detenue was made miserable in the matrimonial W.P.(Crl) 259/11 2 home, at the hands of her husband. The petitioner is now well settled in Dubai. While so, he got an e-mail from the detenue. He came to know from his friends that the 4th respondent is taking steps to marry off the alleged detenue against her wishes. In order to meet his demands, the 4th respondent is threatening the alleged detenue and she is put under house arrest and the 4th respondent is not providing food and water to the detenue. 4. When the matter came up, we had issued notice. The 4th respondent would essentially deny the allegations. 5. We directed a discreet enquiry to be conducted. Today, when the matter came up, learned Government Pleader made available the statement of the detenue. She would say that she was not happy with the marriage with Zakhier Hussien and that she is under observation. 6. There is a subsisting marriage between the alleged detenue and Zakhier Hussien. There is no case that the said marriage has been dissolved. Even if be that the detenue is interested in living with the petitioner, this Court W.P.(Crl) 259/11 3 cannot be made a medium for attaining the said objective. Therefore, we close the Writ Petition. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.