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2015 Supreme(Online)(KER) 35403

HIGH COURT OF KERALA
C.K. ABDUL REHIM, K.RAMAKRISHNAN, JJ
BIBIN ANTONY @ BICHU – Appellant
Versus
SUPERINTENDENT OF POLICE, ALAPPUZHA – Respondent


Advocates:
SRI.M.M.NIAS, SRI.AJOY VENU, KOCHUMOL KODUVATH, SRI.T.ASAF ALI, SRI.B.KRISHNA MANI

JUDGMENT

Abdul Rehim, J:

The petitioner is approaching this court seeking a writ of habeas corpus for directing production of his wife, Mrs.Resmi Sanker, who is the daughter of the 3rd respondent, and to set her at liberty.

2. Averments are to the effect that, the alleged deteneu and the petitioner were in love for about 4 years and they have decided to live together as husband and wife. But when the relationship was revealed to parents of the alleged detenue they have not consented for the marriage. Under such circumstances, a ceremonial marriage was conducted between the petitioner and the alleged detenue on 2.3.2014 at Kalavomkodam, Puthukkattukunnel Shaktheeswaram Temple, Cherthala. Ext.P1 is the Certificate of Marriage issued by the said temple and Ext.P2 is the photograph evidencing such marriage. According to the petitioner, after the marriage he left abroad to Abudabi where he was working, on 26.3.2014. He came back from Abudabi on 3.5.2015 and took steps to take the alleged detenue abroad. But the 3rd respondent detained the detenue under illegal custody and shifted her to some unknown place from 6.5.2014 onward. The petitioner got information that the 3rd respondent is comp

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