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2018 Supreme(SC) 548

A.K.SIKRI, ASHOK BHUSHAN
Nandakumar – Appellant
Versus
State of Kerala – Respondent


JUDGMENT :

A.K. Sikri, J.

Leave granted.

The brief facts leading to the present appeal are that appellant No. 1 has married Ms. Thushara. According to the appellant, this marriage was solemnised on 12.04.2017 at the Chakkulathukavu Bagavathi Temple situated in the Trivandrum District, Kerala. Insofar as Thushara is concerned, as on the date of marriage, she was admittedly 19 years of age and was, therefore, competent to enter into wedlock. It appears that after that marriage, she started living with appellant No.1 as his wife.

2. Respondent No. 4 is the father of Thushara. He filed Habeas Corpus petition being W.P.(Crl.) No.149/2017(S) in the High Court of Kerala alleging therein that ever since 10.04.2017, his daughter Thushara was missing. He also stated in the said petition that Thushara was in the illegal custody of appellant No. 1. In fact, respondent No. 4 had lodged F.I.R. regarding missing of his daughter on 10.04.2017. Stating this fact in the Writ Petition, he averred that though the said F.I.R. was registered, but no effective investigation had been conducted in the matter. On that basis, prayer made in the petition was to issue writ of Habeas Corpus commanding the appellant



























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