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K.Viswambharan vs Sub Inspector Of Police Neyyar Dam

High Court Of Kerala|24 October, 2014
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JUDGMENT / ORDER

Mohanan,J:
Alleging that the petitioner's daughter Vinitha is illegally kept under the custody of respondents 2 and 3, the petitioner preferred this writ petition (Crl) under Article 226 of the Constitution of India praying for a writ of habeas corpus directing the respondents to produce the body of the petitioner's daughter Vinita and set her at liberty.
2. When the above petition came up for admission, on 17.10.2014, we directed the learned Public Prosecutor to get instructions and accordingly, posted the matter to this date.
3. Today, the learned Government Pleader submitted that the detenue is produced. We heard the counsel appearing for the petitioner as well as the counsel appearing for the second respondent.
We have also interacted with Smt.Vinitha-the detenue, who is aged 21 years.
4. During the course of our interaction, the said Vinitha submitted before us that she volunteered to go along with the second respondent and subsequently, they married each other in accordance with the custom prevailing among the parties in the Aruvippuram Siva Temple, Neyyattinkara on 13.10.2014 between 10 a.m. and 10.15 a.m. So, according to the detenue, she is now the legally married wife of the second respondent and she is not under the illegal custody of anybody including the second respondent.
5. Learned counsel appearing for the second respondent handed over to us the Marriage Certificate having registration No.15/2014 issued by the Arayanad Town SNDP Sakha No.4519. In the light of the submission of the detenue and in view of the fact supported by the Marriage Certificate referred above, we are satisfied that the detenue is not under the illegal custody of anybody. Learned counsel appearing for the petitioner submitted that let the marriage between the second respondent and the daughter of the petitioner may be directed to be registered. Learned counsel appearing for the second respondent submitted that the second respondent and the detenue are taking steps to register the marriage as per the relevant statute. The above submission is recorded.
In the light of the above facts and circumstances and as the detenue is not under the illegal custody of anybody including the second respondent, we find no reason to proceed further with the proceedings in the above writ petition(Crl) and accordingly, the same is closed.
V.K.MOHANAN, Judge MBS/ K.HARILAL, Judge
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Title

K.Viswambharan vs Sub Inspector Of Police Neyyar Dam

Court

High Court Of Kerala

JudgmentDate
24 October, 2014
Judges
  • V K Mohanan
  • K Harilal
Advocates
  • N Krishna Prasad
  • Sri
  • P G Pramod