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2022 Supreme(Online)(KER) 169

HIGH COURT OF KERALA
K VINOD CHANDRAN, Ziyad Rahman A. A, JJ
IBRAHIM MUHAMMED T.K., – Appellant
Versus
STATE OF KERALA, – Respondent


JUDGMENT

Ziyad Rahman A.A, J.

This writ petition is filed by the petitioner praying for issuance of a writ of habeas corpus directing Ms.Jyothika K., aged 18 years, the daughter of the 3rd respondent before this Court and set her at liberty.

2. The case of the petitioner is that, the alleged detenue is his wife. The petitioner belongs to Muslim community whereas the alleged detenue belongs to Hindu community. Both of them met through an online platform and later their relationship developed into a love affair. Thereupon, as the family members of the alleged detenue was against the said relationship, they have decided to conduct the marriage under Special Marriage Act and after complying with the statutory formalities in this regard, a marriage under the said enactment was performed on 06.08.2021 as evidenced by Ext.P2. Thereafter, on 30.11.2021, the alleged detenue came along with the petitioner, but the relatives of the 3rd respondent forcefully took her from the company of the petitioner. Thereafter, the petitioner could not contact the alleged detenue and it is his apprehension that the alleged detenue is under illegal detention of the 3rd respondent and the other family members.

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