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CDJ 2026 Ker HC 1001 My Notes print Preview print print
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,
Judgment :-

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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