SHYLA BEEGUM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a young woman aged about 34 years, has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce her husband Mr.Praveen Chandran alias Mohammed Praveen Shah.

(2.) The petitioner was already married earlier and two children aged about 8 years and 7 years were born in that wedlock. She was divorced by her former husband and, in these circumstances, she contracted a second marriage with the alleged detenue. The said marriage was solemnised and registered under the provisions of the Special Marriage Act on 29/08/2008. Ext.P1 certificate of marriage evidences such marriage. It is the case of the petitioner that the alleged detenu had subsequently converted to Islam and had taken the name Mohammed Praveen Shah. Ext.P2 is a certificate produced by the petitioner to indicate that the alleged detenue had converted to Islam. According to the petitioner, subsequently the alleged detenu was taken away by his relatives and friends and were not permitted to live with her. In these circumstances, she lodged a complaint before the Sub Divisional Magistrate, Thiruvananthapuram. The Sub Divisional Magistrate registered the proceedings as M.C.No.02/09. There, the alleged detenue entered appearance and filed an affidavit under which he confirmed that he shall resume co-habitation with the petitioner. It is the case of the petitioner that subsequently the alleged detenu, her husband, has again been illegally detained and confined by respondents 5 to 9, the mother and other friends/relatives of the alleged detenu. They are not permitting the alleged detenu to interact with the petitioner. It is, in these circumstances, that the petitioner came to this Court with this petition on 04/08/2010.

(3.) This petition was admitted on 05/08/2010 and the matter was posted to this date. Today when the case is called, the petitioner is present. She is represented by a counsel. Respondents 5 to 9, though served, have not chosen to enter appearance. The alleged detenue has come to Court. It is submitted that the police have brought him to Court today.