IRSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, in this Habeas Corpus writ petition, alleges that Kumari Sadia, aged about 22 years, is in illegal detention of the 5th respondent, her father. According to the petitioner, himself and Kumari Sadia are in love with each other and they have decided to marry. The petitioner's father is working at Saudi Arabia. The petitioner also intends to go to Saudi Arabia for job; the parents of Kumari Sadia and her relatives, for the reasons best known to them, are averse to the marriage between Sadia and the petitioner and hence, they are maintaining hostile attitude towards the petitioner. Certain other allegations are also made against the parents of Kumari Sadia by the petitioner in the writ petition. Be that as it may, the sum and substance of the petitioner's case is that Kumar Sadia is in illegal detention of the 5th respondent, her father.

(2.) However, the parents of Kumari Sadia are reluctant for the marriage of Sadia with the petitioner. According to the 5th respondent, the father of Kumari Sadia, the petitioner is uneducated and unemployed, he hales from a poor family and is facing criminal investigation; charge sheet is also filed against him in Crime No.278 of 2014 which has resulted in S.C. No.1041 of 2015 pending before the Assistant Sessions Court, Neyyattinkara. The offence alleged against the petitioner is under Section 308 of IPC apart from other offences and he is the 4th accused in the said crime.

(3.) It is relevant to note herein itself that an application came to be filed by the petitioner and Kumari Sadia as per Ext.P6 on 6.6.2016 under the provisions of Special Marriage Act, 1954 (for short, the 'Act'), intending to marry each other. Pursuant to Ext.P6 application filed jointly by the petitioner and Kumari Sadia, the Marriage Officer, Kulathoor has issued an acknowledgment of solemnization of marriage under Section 5 of the Act as per Ext.P7. It is specified in the acknowledgment that within thirty days to ninety days from the date of the said acknowledgment, the parties shall appear before the Marriage Officer along with the proof of age and address in original. It is also mentioned therein that three witnesses and declarations shall be produced at the time of solemnization of marriage.