GAFOOR E.K. Vs. DISTRICT POLICE CHIEF

JUDGEMENT

(1.) This writ petition has been filed on the allegation that the alleged detenue by name Sabikha V. is under the unlawful detention of the third respondent, her father by name Ali. According to the petitioner, the petitioner and the alleged detenue were in love with each other, and they have decided to get married, at the earliest, in accordance with law. When the third respondent and his son, came to know about the said love affair, they opposed the same and thereafter they have confined the detenue into their illegal custody and thereby she is not allowed to move freely and independently.

(2.) It is also averred in this petition that after taking a decision to get married at the earliest, the detenue eloped with the petitioner on 16.09.2019 and they have resided together in his house, for 1 1/2 months. During this period, they have issued Ext.P1 notice of intended marriage under Section 5 of the Special Marriage Act on 27.09.2019. While awaiting for the completion of the statutory period of one month, the third respondent and the brother of the detenue came to the petitioner's house, with a request to conduct a formal marriage. They agreed to conduct a formal marriage of the detenue with the petitioner within a period of 45 days. The said meeting was held on 29.10.2019. In the meantime, Shri. Panakkad Hyderali Shihab Thangal interfered with the matter and the third respondent made the said assurance before him also. Based on the aforesaid understanding, the petitioner handed over the custody of the detenue to the third respondent on 09.11.2019. But, contrary to the said understanding, the third respondent retracted his assurance of formal marriage and started to torture the detenue both physically and mentally, after confining her to their illegal custody. She was not allowed to move freely and independently from her house as she was locked in a room. She has sent Ext.P3 text messages to the petitioner stating about the torturing on her by the third respondent and his men. Thereafter, the detenue is under the unlawful detention of the third respondent and his men. The petitioner prays for a direction to the police to produce the detenue before this Court and set her free.

(3.) In compliance with the interim orders of this Court dated 20.11.2019, 25.11.2019 and 29.11.2019, the detenue has been produced before this Court by the Sub Inspector of Police, Perinthalmanna Police Station. He has filed a statement also.