MOHAMMED JABIR Vs. SHIJAS

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution is filed by Mr.Mohammed Jabir alleging that his sister Miss.Lubaba, who is unmarried and aged 18 years, was kidnapped by respondents 1 to 3 and is presently detained illegally by the 1st respondent against her wishes.

(2.) ON considering this writ petition for admission, we on 18.10.2012 directed the learned Government Pleader, Sri.N.Suresh, to seek instructions from the concerned Police Officer as to what action, if any, was taken on Ext.P1 complaint submitted by the petitioner. We also issued notice on admission by special messenger to respondents 1 and 4. Respondents 1 and 4 were directed to produce Miss.Lubaba, sister of the petitioner, before this Court at 10.15 am today and show cause why the order for production should not be made absolute. Accordingly, respondents 1 and 4 have produced Miss.Lubaba before this Court. The petitioner, Sri.Mohammed Jabir, is also present before us.

(3.) IN the light of what the petitioner told us, we told Miss.Lubaba, the alleged detenue, that she can accompany her brother and stay with him and her mother till such time as the marriage between her and the 1st respondent is conducted. She was not in a mood to agree. According to her, she is not ready to stay with her brother any longer. The 4th respondent, the father of the 1st respondent, submitted that he is ready to take Miss.Lubaba as his daughter-in-law. According to him, the marriage has to be conducted in accordance with Islamic rites to which both sides belong. As things obtain now, the marriage between Miss.Lubaba and the 1st respondent has not been conducted. We are, therefore, not inclined to permit Miss.Lubaba to accompany respondents 1 and 4 to their house.