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Narayanan Nair

High Court Of Kerala|03 June, 2014
|

JUDGMENT / ORDER

Antony Dominic, J. Petitioner is the father of Sreelekshmi, the alleged detenue. He has filed this writ petition alleging that his daughter is being illegally detained by the 3rd respondent, whose parents are respondents 4 and 5. On an earlier occasion, making almost similar allegations, the petitioner has filed WP(Crl) No.104/14, where instructions were obtained from the learned Government Pleader, which revealed that the detenue and the 3rd respondent were in love and got married at Vandiperiyar and that they were both living in Bangalore. On that basis, the writ petition was closed by Ext.P4 judgment. Subsequently, this writ petition has been again filed by the petitioner alleging that on 9/5/14, he received a phone call from the 4th respondent, the father of the 3rd respondent, threatening the petitioner with dire consequences if he makes any further enquiry about his daughter. It is also alleged that the 4th respondent made a demand for `15 lakhs and 50 sovereigns of gold as dowry, if the petitioner wants to see the
W.P.(Crl.) No.216/14
: 2 :
detenue. On this basis, he suspects that his daughter is still kept under detention. In these circumstances, this writ petition is again filed with a prayer for the issue of a writ of habeas corpus.
2. On the filing of this writ petition, this Court directed the learned Government Pleader to obtain instructions in the matter and accordingly instructions have been obtained from the 2nd respondent which shows that the detenue and the 3rd respondent were classmates at Bangalore and that they fell in love and wanted to get married, which was not approved by the petitioner. Finally, the detenue went with the 3rd respondent to his house and on their compulsion, his parents solemnized the marriage between the two at Elappara on 15/9/13. It is also stated that the marriage was registered under the Common Rules at the Elappara Grama Panchayat on 28/9/13 and that on 1/10/13, the same was again registered at the S.N.D.P. Branch. It is stated that thereafter the couple left for Bangalore and that the alleged detenue is employed as a Nurse at Colombia Asia Hospital, Bangalore.
Evidently therefore, this case does not involve any illegal detention of the alleged detenue and in so far as the other
W.P.(Crl.) No.216/14
: 3 :
allegations made by the petitioner are concerned, those are matters which are outside the scope of a writ petition with a prayer for the issuance of a writ of habeas corpus. Therefore, this writ petition is closed.
Rp //True Copy// PA to Judge Sd/-
ANTONY DOMINIC JUDGE Sd/-
ALEXANDER THOMAS JUDGE
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Title

Narayanan Nair

Court

High Court Of Kerala

JudgmentDate
03 June, 2014
Judges
  • Antony
  • Alexander Thomas
Advocates
  • Sri
  • B S Suresh
  • Chirakkara