LAWS(KER)-2012-11-245

SHAIJU M Vs. STATE OF KERALA

Decided On November 27, 2012
Shaiju M Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THIS writ petition appears to be a sequel of W.P.(C) No.574/2012 filed in this court by the 8th respondent, the father of the alleged detenue Aswathy . The above writ petition was filed seeking a writ of Habeas Corpus on the allegation that Aswathy is being illegally detained and confined by the petitioner herein. When that writ petition came up for consideration, it was submitted on behalf of the petitioner therein that the writ petition is not pressed as in the meanwhile the petitioner got custody of his daughter back.

(2.) THE petitioner in this wit petition alleges that Aswathy is his duly wedded wife. He relied on Ext.P3 conversion certificate (paravarthana certificate) issued by the Vishva Hindu Parishad and Ext.P4 marriage certificate issued by the Pavakulam Sri.Mahadeva Temple, Kaloor. According to the petitioner, his wife Aswathy is being illegally detained by the 8th respondent, her father, and the 9th respondent her uncle.

(3.) TODAY , the 8th respondent accompanied by his wife has produced Aswahty before us. The petitioner is also present. We interacted with Aswathy in detail. We interacted with the petitioner and the 8th respondent also. Aswathy told us that the petitioner is her duly wedded husband. According to her, the petitioner, who was a Muslim, got himself converted as a Hindu under the auspices of Viswa Hindu Parishad and their marriage was solemnised on 14/11/2012 at Pavakkulam Sree Mahadeva Temple at Kaloor. She expressed her desire to join her husband.