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1975 Supreme(Ker) 85

GEORGE VADAKKEL, P.JANAKI AMMA
T. Ramachandran – Appellant
Versus
V. K. Kuttan – Respondent


Judgment :-

This is a motion for Habeas Corpus for release of Beenakumari, stated to be the petitioner's wife, from the alleged unlawful detention by her parents, respondents Nos. 1 and 2. According to the petitioner he married Beenakumari on 14-4-1975 and Ext. A-1 agreement was executed and registered by them the same day. Ext. A-2 dated 18-4-1975 is an application filed by the 1st respondent before the Chief Judicial Magistrate, Trivandrum for initiating proceedings under Sections 97 and 98 of the Criminal Procedure Code. 1973 on the ground that the petitioner and his associates kidnapped Beenakumari, and Ext. A-3 dated 21-4-1975 is Beenakumari's sworn statement before the Chief Judicial Magistrate, Trivandrum. Before the Chief Judicial Magistrate she stated that it was her desire to go with her parents for the time being and the Chief Judicial Magistrate passed Ext. A-4 order on the same day upholding her freedom to go with any person of her choice. Obviously she went with her parents. She is stated to have sent the original of Ext. A-5 letter two days thereafter, on 23-4-1975, (one of the Counsel appearing for the petitioner has filed an affidavit identifying the original - how







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