LAWS(KER)-2012-3-271

MARYAM Vs. HOME SECRETARY TO GOVERNMENT OF INDIA

Decided On March 27, 2012
MARYAM, AGED 33 YEARS W/O.MUHAMMED SIKHANDER GORA NOW RESIDING AT ARACKAL HOUSE, H.NO.CC.11/1318 FORT KOCHI VELI, KOCHI Appellant
V/S
HOME SECRETARY TO GOVERNMENT OF INDIA CENTRAL SECRETARIAT, NEW DELHI Respondents

JUDGEMENT

(1.) This writ of habeas corpus is filed by the wife of the alleged detenu, under Article 226 of the Constitution of India for production of Muhammed Sikhander Gora, who is her husband, alleged to have been illegally detained by respondents 5 and 6, who are the father and sister of the alleged detenu, residing at Srinagar District in Jammu and Kashmir State. The case of the petitioner is briefly as follows: The petitioner is a permanent resident of Kerala and she is Christian in origin. The petitioner was converted from Christianity to Islam on 12.6.2010 and she married the alleged detenu, who is a Muslim, on 16.6.2010. Respondents 5 and 6 are her father-in-law and sister-in-law and they are residing at Srinagar District in Jammu and Kashmir State. After the marriage, the petitioner and the detenu settled at his house at Srinagar along with respondents 5 and 6. Subsequently, the petitioner's entire gold ornaments and an amount of Rs. 1,00,000/- had been misappropriated by her father-in-law.

(2.) When the Writ Petition (Crl) came up before this Court for admission, we originally issued notice. Thereafter we posted the matter. The arguments advanced by the learned counsel for the petitioner and the learned A. D. G. P. were heard on the question of jurisdiction of this Court. Learned counsel for the petitioner submitted that this court has jurisdiction to entertain this Writ Petition as the part of the cause of action arose within the jurisdiction of this Court.

(3.) In the decision Om Prakash Srivastava v. Union of India and another, 2006 6 SCC 207, at paragraphs 6 and 7, it is held as follows: