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2017 Supreme(Ker) 1136

DEVAN RAMACHANDRAN
Kozhuvanal Grama Panchayth – Appellant
Versus
M. A. Jose, Myladiyil House – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Alex. M. Scaria
For the Respondent: Sri. Georgekutty Mathew

JUDGMENT :

Basant, J.

The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for trace and produce his daughter Sameefa, a married woman aged above 21 years (date of birth - 19/3/1989).

2. According to the petitioner, the marriage between his daughter Sameefa and one Shan had taken place on 2.12.2009. The nikah had taken place in accordance with the muslim religious rites, but admittedly the marriage has not been consummated. Shan and the alleged detenue even after the nikah were residing separately and had not started residing together as husband and wife. While the alleged detenue was living at her house (the petitioner is working abroad), the alleged detenue was found to be missing from 29.9.2010. According to the petitioner, the alleged detenue was being illegally detained and confined by the third respondent, a person of the locality. A crime was registered by the Kattoor Police Station as Crime No.468 of 2010. Later, the alleged detenue was traced and produced before the learned Magistrate on 1.10.2010. She being an adult major woman, the learned Magistrate had set her at liberty. According to the petitioner, his daughter, the all















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