Real MEN, Manginas, Feminists and MEN who file #fakeDV, #FakeDowry against MEN

In India, many fathers think their daughters are THEIR PROPERTY

The daughter has to eaty, study, dress and even marry according to the whims and fancies of the dad / or mum

That’s probably ok when the daughter is a kid, but NO longer OK when the daughter is 18 or 20 years old

In such cases, IF the daughter marries or lives with another guy which is NOT to the like of the dad, the father files #FalseRape #FaleAbduction etc cases on such lovers

Many such women are forcibly brought back and married off to some other innocent boy, making everyone’s life a living hell

Many #fakeDowry and #fakeDV cases have their origins in such #failedLove stories

Here is ONE such attempt by a dad, where luckily the girl stands her ground and sticks to her lover !!

Please note that I am NOT justifying either love marriages or arranged marriages, but just stating how the legal machinery is misused and fale cases filed when the fault lies with the daughter and probably in parenting !!!

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

TUESDAY, THE 19TH DAY OF JANUARY 2016/29TH POUSHA, 1937

WP(Crl.).No. 508 of 2015 (S)

PETITIONER(S):

SAJU JOHN, AGED 48 YEARS,
S/O.BABY JOHN, ANJENY HOUSE, ELIKKATTOOR P.O.,
PIRAVANTHOOR, KOLLAM – 689 696.

BY ADV. SMT.P.MAMATHA

RESPONDENT(S):

  1. STATE POLICE CHIEF/DIRECTOR GENERAL OF POLICE,
    POLICE HEAD QUARTERS, THIRUVANANTHAPURAM -695001.
  2. THE DISTRICT POLICE CHIEF,
    KOLLAM -691 001.

  3. THE STATION HOUSE OFFICER,
    PATHANAPURAM POLICE STATION,
    KOLLAM DISTRICT -689 695.

  4. SHAMSUDHEEN,
    AGED 42 YEARS, S/O.KADER, PUZHAMKARA ILLATHIL,
    CHALINGAD P.O., IRINJALAKUDA,
    THRISSUR DISTRICT – 680 681.

*ADDL.R5 ANJU S. SAJU,
AGED 18 YEARS 8 MONTHS,
D/O. SAJU JOHN,
ANJENY,ELIKATTOOR P.O.,
PIRAVANTHUR, KOLLAM – PIN 689 696.

*IS IMPLEADED AS ADDL.R5 AS PER THE ORDER IN I.A.NO.18382/2015 DATED
19.01.2016.

R1 TO R3 BY SENIOR GOVERNMENT PLEADER, SRI. SHIBU JOSEPH
R1 TO R3 BY ADDL. DIRECTOR GENERAL OF PROSECUTION,
SRI. TOM JOSE PADINJAREKKARA
R4 & ADDL.R5 BY ADV. SRI.P.K.IBRAHIM
R4 & ADDL.R5BY ADV. SMT.K.P.AMBIKA
R4 & ADDL.R5 BY ADV. SMT.A.A.SHIBI
R4 & ADDL.R5 BY ADV. SRI.A.L.NAVANEETH KRISHNAN            .

THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19-01-2016,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.).No. 508 of 2015 (S)

APPENDIX

PETITIONER’S EXHIBITS:

EXHIBIT P1:           A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 08.01.2016
ISSUED BY DR. S.MUHAMMED FAIZAL TO KUMARI ANJU S. SAJU.

EXHIBIT P2(A):        A TRUE COPY OF THE MEDICAL BILLS, DATED 14.08.2014 ISSUED
BY THE LITTLE FLOWER HOSPITAL, PUNALUR IN THE NAME OF
KUMARI ANJU S. SAJU.

EXHIBIT P2(B):        A TRUE COPY OF THE MEDICAL BILLS, DATED 14.08.2014 ISSUED
BY THE LITTLE FLOWER HOSPITAL, PUNALUR IN THE NAME OF
KUMARI ANJU S. SAJU.

EXHIBIT P2(C):        A TRUE COPY OF THE MEDICAL BILLS DATED 14.08.2014 ISSUED
BY THE LITTLE FLOWER HOSPITAL, PUNALUR IN THE NAME OF
KUMARI ANJU S. SAJU.

EXHIBIT P3:           A TRUE COPY OF THE MEDICAL REPORT DATED 20.08.2014 ISSUED
BY DR. D. PRABHASH IN THE NAME OF KUMARI ANJU S. SAJU.

EXHIBIT P4:           A TRUE COPY OF THE DONATION RECEIPT DATED 06.07.2015,
ISSUED BY THE S.N. COLLEGE, PUNALUR TO KUM. ANJU S. SAJU.

EXHIBIT P5:            A TRUE COPY OF THE BIRTH CERTIFICATE OF KUM. ANJU S. SAJU
ISSUED BY THE REGISTRAR OF BIRTHS & DEATHS, PUNALUR
MUNICIPALITY.

EXHIBIT P6:           A TRUE COPY OF THE CERTIFICATE (AISSCE-2015) ISSUED BY THE
INSTITUTION IN THE NAME OF KUM. ANJU S. SAJU.

RESPONDENTS’ ANNEXURES:

ANNEXURE A1:          TRUE COPY OF THE PETITION DATED 10.12.2015 SENT BY
REGISTERED POST TO STATE DIRECTOR GENERAL OF POLICE
WITH COPY TO DISTRICT POLICE CHIEF,THRISSUR.

ANNEXURE A2:          TRUE COPY OF THE LETTER DT. 16.12.2015 ADDRESSED TO HE
MARRIAGE OFFICER, MATHILAKAM ENCLOSING NOTICE OF
INTENDED MARRIAGE.

//TRUE COPY//

P.S. TO JUDGE

St/-

C.K. ABDUL REHIM
&

SHAJI P. CHALY, JJ.

W.P. (Crl.) No.508 of 2015

Dated this the 19th day of January, 2016

JUDGMENT

Shaji P. Chaly, J.

This writ of habeas corpus is filed by the petitioner who is the father of one Anju S. Saju, aged 18 years, seeking production of the said detenue and set her at liberty alleging that she is under the forcible and illegal custody of the 4th Respondent.

  1. When the case came up for admission, this Court issued notice to the 4th Respondent and directed to produce the alleged detenue before this Court, if she is available in his custody. The 3rd Respondent was directed to intensify the investigation of the case registered with respect to the missing of the alleged detenue and also directed to ensure that the alleged detenue is produced before this Court.
  • When the case was again taken up on 21.12.2015, the Respondent entered appearance through counsel and had filed an Interlocutory Application seeking impleadment of the alleged detenue. In the affidavit filed along with the I.A., it was stated that the alleged detenue is in acquaintance with the 4th Respondent since December 2014 onwards and she is determined of marrying him. According to her, she had left her parental house along with the 4th Respondent on 07.12.2015 and was staying along with him at different places and she expressed her disinclination to go to her parental house along with the petitioner.

  • It was also stated in the affidavit that the ‘notice of intended marriage’ has already been submitted to the Marriage Officer, Mathilakam and the requisite fee was remitted through money order sent on 16.12.2015. The learned counsel appearing for the 4th Respondent had produced for our perusal a copy of the acknowledgement with respect to receipt of money by the Marriage Officer on 17.12.2015. Since there is no valid marriage, even though the alleged detenue expressed her inclination to go along with 4th Respondent, this Court did not permit her to do so and thereupon we directed the 3rd Respondent to admit the alleged detenue at S.N.V. Sadanam Hostel, Ernakulam South and further directed the alleged detenue to be produced before this Court on 15.01.2016.

  • On 15.01.2016, we interacted with the alleged detenue and she reiterated her strong determination to solemnize marriage with 4th Respondent based on the ‘notice of intended marriage’ already submitted on 17.12.2015. We interacted with the alleged detenue on that day also with regard to the statements and allegations contained in I.A.No.594 of 2016 and we were satisfied that since the alleged detenue has attained majority and she was not under any forcible or illegal custody, she can be permitted to go along with 4th Respondent after the marriage in accordance with the notice given for the intended marriage. Thereupon, the alleged detenue was directed to be re-admitted in the Hostel with a rider that she be permitted to appear before the Marriage Officer, Mathilakam on 18.01.2016 and the case was posted today.

  • Today when the case was taken up, the marriage certificate issued by the Marriage Officer, Mathilakam dated 18.01.2016 is produced before us, and it is evident from the said certificate that the alleged detenue entered into marriage with 4th Respondent under the Special Marriage Act and therefore we are convinced that the alleged detenue and the 4th Respondent have entered into the marital bond in accordance with law.

  • In the circumstances, we are inclined to think that the alleged detenue is not under the forcible or illegal custody of the 4th Respondent and she is set at liberty to go along with the 4th Respondent.

  • The writ petition accordingly fails and the same is dismissed.

    Sd/-

    C.K. ABDUL REHIM JUDGE Sd/-

    SHAJI P. CHALY JUDGE //true copy// P.S. to Judge St/-

    19.01.2016

    Advertisements

    Leave a Reply

    Fill in your details below or click an icon to log in:

    WordPress.com Logo

    You are commenting using your WordPress.com account. Log Out / Change )

    Twitter picture

    You are commenting using your Twitter account. Log Out / Change )

    Facebook photo

    You are commenting using your Facebook account. Log Out / Change )

    Google+ photo

    You are commenting using your Google+ account. Log Out / Change )

    Connecting to %s