High CourtsDivision Bench(2012) 06 KL CK 0056

Sandeep vs State of Kerala and Others

High Court Of Kerala · Decided on 4 June 2012

HON’BLE JUDGES
M.L. Joseph Francis, J · K.T. Sankaran, J
CASE NUMBER
WP (Criminal) .No. 84 of 2012 (S)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 478 words

K.T. Sankaran, J.—The petitioner stated in the Writ Petition that he was in love with Aiswarya, daughter of the third respondent and they decided to marry. The petitioner was working in Dubai. The allegation in the Writ Petition is that Aiswarya was illegally detained by the third respondent. Subsequent to the filing of the Writ Petition, additional respondents 4 to 6 were impleaded. It was alleged by the petitioner that Aiswarya was taken to Dubai on 25.2.2012 by the third respondent. As per the order dated 8.3.2012, the Consulate General of India, Dubai was directed to take a statement from Aiswarya, as to whether she was under the illegal detention of her parents. The statement of Aiswarya was taken by the Consulate General of India. The parents of Aiswarya filed an affidavit before the Consulate General of India, in which it was stated thus :

There is no pressure from our side on our daughter, Miss Aiswarya to marry or not to marry with anyone. In fact, the family of Mr.Sandeep A.S., has not contacted us till now to talk about marriage between our daughter, Miss Aiswarya and Mr.Sandeep A.S. If Miss Aiswarya wants to get married with Mr.Sandeep A.S., we do not have any kind of objection whatsoever. Also, Miss Aiswarya is free from our side to travel to India any time as per her desire. We will arrange for her travel back to India after cancellation of her Visa from Mr.Chandran K.''s sponsorship.

2.

When the Writ Petition came up for hearing on 8th May, 2012, Aiswarya and the petitioner (Sandeep) stated that their marriage was solemnized on 3.5.2012 and they were living together. The third respondent raised a contention that after Aiswarya was brought back to India, she was forcibly taken by the petitioner and she was under the illegal detention of the petitioner. On 8th May, 2012, Aiswarya stated before Court that she was not under the illegal detention of the petitioner. The third respondent made a request before Court on 8.5.2012 to adjourn the case for a week, so that her husband would also be able to come to India. The request was accepted and the case was adjourned to today.

3.

Today, the petitioner and Aiswarya are present. Neither the third respondent nor her husband is present today. The petitioner and Aiswarya produced before us, the original of the Certificate of Marriage issued by the Akaloor Bhagavathy Kshetra Samrakshana Samithy, Post Akaloor, Palakkad District. Aiswarya stated that she is residing in the house of Sandeep as the wife of Sandeep.

4.

Respondents 3 and 6 shall return the Certificates and Passport of Aiswarya to her. In the facts and circumstances, the Writ Petition (Criminal) is closed. Aiswarya is permitted to go along with Sandeep. The amount of Rs. 25,000/- deposited by the petitioner before this Court shall be returned to the petitioner.