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CDJ 2026 Ker HC 1001
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| Court : High Court of Kerala |
| Case No : WP(CRL.) No. 930 of 2026 |
| Judges: THE HONOURABLE CHIEF JUSTICE MR. SOUMEN SEN & THE HONOURABLE MR. JUSTICE V.M. SYAM KUMAR |
| Parties : Nabeesa A @ Bushara & Another Versus State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala, Ernakulam & Others |
| Appearing Advocates : For the Petitioners: K.K. Nasseer (Aluva), K.K. Sudheer, Muhammed Asif Ali, Meera R. Menon, Advocates. For the Respondents: Biju Meenattoor, SR.PP. |
| Date of Judgment : 02-07-2026 |
| Head Note :- |
Comparative Citation:
2026 KER 48066,
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- None
2. Catch Words:
- Habeas corpus
- Detention
- Marriage
3. Summary:
The Court heard counsel for the petitioners and the Senior Public Prosecutor. The alleged detenue’s statement, recorded by the Judicial First Class Magistrate, Palakkad, was placed before the Court. The detenue voluntarily left her parental home and married the fourth respondent, as evidenced by a marriage certificate issued by the Local Self Government Department, Kerala. She recounted a few instances of attempted forcible removal to her parental home. The father of the detenue expressed that, since the marriage was of her own volition, he does not wish to impede their peaceful life. Considering the detenue’s voluntary marriage and the presence of the original statement, the habeas corpus petition could not be sustained. Consequently, the petition was disposed of, and the magistrate’s statement was ordered to be kept on record.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
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Soumen Sen, C.J.
1. Heard Mr. Meera R. Menon, learned counsel for the petitioners and Mr. Biju Meenattoor, learned Senior Public Prosecutor.
2. The alleged detenue is present before us. The statement recorded by the learned Judicial First Class Magistrate, Palakkad, is placed before us in a sealed envelope. We have read the statement recorded by the learned Magistrate.
3. It appears from the statement of the alleged detenue that she had voluntarily left her house and married the 4th respondent, and a copy of the certificate of marriage in Form No. IV issued by the Local Self Government Department, Government of Kerala, dated 15th June, 2026 is placed before us. The said certificate has been issued by the Local Registrar of Marriages (Common), Marutharode Grama Panchayat. The said certificate is taken on record. We have also interacted with the alleged detenue in person and also with her parents, husband, and sister-in-law.
4. The detenue, in her statement recorded by the Magistrate, has referred to two or three instances where there was a forcible attempt to take her to her parental home.
5. The father of the corpus has submitted that since his daughter has married on her own volition, he do not wish to create any impediment to the detenue and the 4th respondent leading a peaceful life.
6. In view of the fact that the corpus has been produced before this Court and the alleged detenue has categorically stated that she had married the 4th respondent, the habeas corpus petition fails.
7. The petition is accordingly disposed of. The original statement recorded by the learned Judicial First Class Magistrate, Palakkad, shall be kept on record.
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