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2009 Supreme(Online)(KER) 20691

HIGH COURT OF KERALA
R.BASANT, M.C.HARI RANI, JJ
MUHAMMED FAIZAL – Appellant
Versus
SUPERINTENDENT OF POLICE – Respondent


Advocates:
SRI.BABU S. NAIR for Appellant; GOVT.PLEADER SHRI K.J.MOHAMMED ANZAR for R1 & R2; ADV. SRI.K.M.SATHYANATHA MENON for R3 & R4

J U D G M E N T

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 Ms.Sajna, aged 23 years, who he apprehends was illegally detained and confined by respondents 3 and 4-her parents.

2. According to the petitioner, he is aged 26 years. He claims to be educated - he having studied upto the 10th standard. He is now employed in Riyad in Saudi Arabia. He and the alleged detenue are in love. They want to get married. Though respondents 3 and 4 were earlier approached by the relatives of the petitioner, they did not agree to give the alleged detenue in marriage to the petitioner. The alleged detenue was being illegally detained and confined by respondents 3 and 4. The petitioner and the alleged detenue had given notice under the Special Marriage Act on 16.9.2009, to get married, before the Marriage Officer, Mongam. After coming to know of such notice given by the petitioner and the alleged detenue to get married under the , the alleged detenue was being illegally confined and detained by respondents 3 and 4, without giving her an opportunity to go out of the house or to interact with the petitioner. It

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