ANEES HAMEED Vs. STATE OF KERALA

JUDGEMENT

(1.) "Love recognizes no barriers. It jumps hurdles, leaps fences, penetrates walls to arrive at its destination full of hope."

(2.) Sruthi Meledath ('Sruthi' for short) fell in love with her classmate Anees Hameed ('Anees' for short) while studying for the B.Sc.(Physics) course in the Pilathara Co-operative Arts & Science College. Sruthi pursued her M.Sc. (Physics) course while Anees completed certificate course in NDT and Piping Design and Engineering and has joined for M.B.A.(Marketing) course through distance education. Sruthi expressed her desire to marry Anees which was vehemently opposed by her parents on the ground that both belong to different religious communities - Hindu and Muslim. Sruthi quietly left her parental home on 16.05.2017 along with Anees to New Delhi and it is stated that a mock marriage was conducted thereat after she got converted to Islam. The couple had a live-in-relationship for about a month - initially at New Delhi and later at Sonepat in Haryana - during which time Anees was working in a private establishment.

(3.) It appears that the father of Sruthi preferred a complaint alleging that his daughter is missing whereupon Crime No.329/2017 was registered on the file of the Pariyaram Medical College Police Station. The parents of Sruthi followed it up by W.P.(Crl.)No.206/2017 on the file of this Court which was disposed of observing that a 'proper investigation' is under progress. The police later took the couple into custody on 20.06.2017 from their residence at Sonepat and brought them to the Pariyaram Medical College Police Station via Mangalore by flight. Anees and Sruthi were produced separately before the Court of the Judicial First Class Magistrate, Payyannur on 21.06.2017 obviously to screen one from the other while recording their statements. Sruthi was handed over to her parents who took her to a Yoga Kendra at Udayamperoor in Ernakulam wherein she was lodged as an inmate along with other hapless girls who exceeded forty in number. Anees was totally in the dark about the whereabouts of Sruthi and therefore preferred C.M.P.No.4727/2017 on the file of the Court of the Judicial First Class Magistrate, Payyannur. The Court of the Judicial First Class Magistrate by order dated 27.06.2017 issued a search warrant under Sec. 97 Cr.P.C. to trace out Sruthi who was kept concealed by her parents. Anees who was desperate also filed W.P.(Crl.)No.313/2017 on the file of this Court for the issue of a writ of habeas corpus directing Sruthi to be freed from the illegal detention.