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2016 Supreme(Online)(KER) 14336

HIGH COURT OF KERALA
C.K. ABDUL REHIM, SHAJI P.CHALY, JJ
ANEESH KUMAR S.K. – Appellant
Versus
THE CIRCLE INSPECTOR OF POLICE – Respondent


Advocates:
SMT.SREEDEVI KYLASANATH, SRI.JOSELAL GEORGE, SRI.ACHUTH KYLAS, SRI.PRAVEEN K. JOY, SRI.NIXON PAUL, SMT.SREELATHA PARAMESWARAN

JUDGMENT

Abdul Rehim,J.

The petitioner has approached this court raising an allegation that his wife, Smt.Amritha is under illegal detention of the 2nd respondent, who is her father. The petitioner is seeking a writ of Habeas Corpus for directing production of the corpus of his wife and to release her from the alleged illegal custody of the 2nd respondent.

2. It is stated that the petitioner and the daughter of the

2nd respondent viz; Amritha (hereinafter referred as “alleged detenue”) were in love since the last 3 years. She came along with the petitioner and solemnized a marriage before a Temple near Kottarakkara, on 4.2.2016. Ext.P2 'Certificate of Marriage' and Ext.2 Photographs were produced in support of the above contention. According to the petitioner, on the date W.P. (Crl.) No.120 of 2016 of the marriage, the alleged detenue went to her parental home in order to take her Certificates and Identity proof. But the 2nd respondent had detained her and not permitted her to contact the petitioner in any manner. Claiming that the alleged detenue, who is the legally wedded wife of the petitioner, is under confinement against her free will, the above writ petition is filed. It is als

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