IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(Crl.).No. 105 of 2008(S) --------------------------- PETITIONER: ------------ SHAMLA, D/O. JAMALUDEEN JUNJU,AGED 19 YEARS, ANILA MANZIL, MENAMPALLY, MUKUNDAPURAM PO CHAVARA, KOLLAM DISTRICT. BY ADV. SRI.SIJU KAMALASANAN SRI.PRATHEESH.P SRI.A.MUHAMMED RAFFI RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION,CHAVARA P.O.KOLLAM DISTRICT 2. CIRCLE INSPECTOR OF POLICE CHAVARA P.O.KOLLAM DISTRICT 3. SUPERINTENDENT OF POLICE KOLLAM. 4. ABDUL MAJEED, NANGEZHATHU VADAKKATHIL MEENAMPALLY, MUKUNDAPURAM P.O.,CHAVARA. 5. MUHAMMED KHAN,S/O.ABDUL LATHEEF HOUSE NO.54,KOLLOOR VILA NAGAR ERAVIPURAM P.O.,KOLLAM. 6. SAJEER @ SAJEER KHAN, S/O.ABDUL LATHEEF HOUSE NO.54,KOLLOOR VILA NAGAR ERAVIPURAM P.O.,KOLLAM. R1 to R3 BY GOVT.PLEADER SRI C.M.KAMMAPPU R4 TO R6 BY ADV. SRI.G.SREEKUMAR (CHELUR) THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).No.105/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE CERTIFICATE OF MARRIAGE DTD. 28/1/2008. EXT.P2 TRUE COPY OF REPRESENTATION SUBMITTED BEFORE 3RD RESPONDENT DTD. 20/3/2008. P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- W.P.(Crl)NO.105 OF 2008 -------------------------------- Dated this the 3rd day of April, 2008 JUDGMENT Raman, J. Petitioner alleges that her husband by name Yazar Arafeth is under the illegal custody of respondents 4 to 6 and their relatives. Both the petitioner and the said Yazar Arafeth belong to the same religion and according to the petitioner, they were in love for the last two years. It is further averred that their marriage was solemnized as per the custom prevailed in their community on 28/1/2008 at Kottukadu Muslim Jama Ath, after the interference of the police. Since the petitioner hailing from a poor family, respondents 4 to 6 are against the marriage. On 10/2/2008 respondents 5 and 6 came to the house of the petitioner and persuaded her husband to accompany them for attending a marriage at Karunagappally. Believing the words the husband went along with them; but he did not return. It is in these circumstances that this habeas corpus writ petition is filed for producing the husband of the petitioner and to release him. 2. Pursuant to the notice issued Yazar Arafeth and his father -2- WP(Crl).No.105/2008 appeared before us. We have interacted with Yazar Arafeth. He denies the averments in the writ petition. He also denied that he had any relationship with the petitioner. We have given an opportunity to the petitioner to talk to the alleged detenue. According to Arafeth, he is not under the illegal custody of anybody. His father also stated that he is not willing for the marriage of the petitioner with his son. However, the petitioner alleges that her ornaments were taken by the said Arafeth and further that they have been living as husband and wife. We cannot however go into this question in this proceeding. Since Arafeth is not prepared to go along with the petitioner or to receive her as his wife and since he submits that he is not under the illegal custody, we can only leave open the other questions, if any, to be adjudicated by the appropriate authority and close this writ petition. We do so. Sd/- P.R.RAMAN, Judge. Sd/- V.K.MOHANAN, Judge. kcv.