Prasanthy Vs. Staphy Suresh

Prasanthy vs Staphy Suresh

Type Court Judgment Court Kerala Decided Jun 10, 2014

~3 min read

https://sooperkanoon.com/case/1143807

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1143807
Court: Kerala High Court
Judge: Honourable Mr.Justice Antony Dominic
Decided On: Jun 10, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Prasanthy

Respondent

Staphy Suresh

Excerpt

.....for issue of a writ of habeas corpus to set the detenue at liberty.2. when the writ petition came up for admission on 6.6.2014, this court directed the learned government pleader to obtain instructions. accordingly, instructions have been obtained, which show that the petitioner's husband had a love affair with the w.p.crl.238/14 - :2. :- 1st respondent and he eloped with her. the learned government pleader further states that a complaint was made by the 2nd respondent, her mother, alleging that her daughter is missing and that acting upon the said complaint, crime no.1001/2014 was registered by the 3rd respondent. it is also stated that recently her husband had rang up the 2nd respondent and disclosed that he is now back in u.a.e.3. evidently the petitioner's husband disappeared only on account of his love affair with the 1st respondent and in any event, is now back in u.a.e. where he is employed. these facts therefore prove that the allegation of the petitioner that her husband is illegally detained by respondents 1 and 2 is not correct. in such circumstances, we cannot entertain this writ petition with the prayer for issue of a writ of habeas corpus. the writ petition fails and is dismissed. sd/- antony dominic, judge sd/- sdk+ alexander thomas , judge ///true copy/// p.s. to judge w.p.crl.238/14 - :3. :-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY,THE10H DAY OF JUNE201420TH JYAISHTA, 1936 WP(Crl.).No. 238 of 2014 (S) ----------------------------- PETITIONER(S): -------------------------- PRASANTHY, AGED29YEARS LEELA BHAVAN, EDAVATTOM CHERI, PERINAD VILLAGE VELLIMON P.O., KOLLAM. BY ADVS.SRI.N.VIMALAN SRI.T.K.SASIKUMAR RESPONDENT(S)/RESPONDENTS:-: -------------------------------------------------------- 1. STAPHY SURESH, BIJU BHAVAN, KUZHIYAM, CHANDANATHOPE P.O. KOLLAM - 691 014.

2. SHERLY, BIJU BHAVAN, KUZHIYAM, CHANDANATHOPE P.O. KOLLAM - 691 014.

3. SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KUNDARA, KOLLAM - 691 501.

4. THE COMMISSIONER OF POLICE, KOLLAM - 691 001. R3,R4 BY ADV. DIRECTOR GENERAL OF PROSECUTION SRI.ASAF ALI THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON10 06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 238 of 2014 (S) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE3D RESPONDENT DATED1305.2014. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. sdk+ ///True copy/// P.S. to Judge ANTONY DOMINIC & ALEXANDER THOMAS, JJ.

================== W.P(Crl.)No. 238 of 2014 ================== Dated this the 10th day of June, 2014

JUDGMENT

ANTONY DOMINIC, J.

The petitioner has filed this Writ Petition alleging that her husband, Binoy Viswas, is missing since 12.5.2014. According to her, their marriage was solemnized on 8.6.2008 and in that wedlock, they have a child, who is now three years old. It is also stated that her husband is employed in U.A.E. and that he had come on leave to Kerala on 12.4.2014. It is stated that, while so, he went missing from 12.5.2014 and according to the petitioner, he is now in the illegal confinement of respondents 1 and 2. It is on this basis, this Writ Petition is filed with the prayer for issue of a writ of habeas corpus to set the detenue at liberty.

2. When the Writ Petition came up for admission on 6.6.2014, this Court directed the learned Government Pleader to obtain instructions. Accordingly, instructions have been obtained, which show that the petitioner's husband had a love affair with the w.p.crl.238/14 - :

2. :- 1st respondent and he eloped with her. The learned Government Pleader further states that a complaint was made by the 2nd respondent, her mother, alleging that her daughter is missing and that acting upon the said complaint, Crime No.1001/2014 was registered by the 3rd respondent. It is also stated that recently her husband had rang up the 2nd respondent and disclosed that he is now back in U.A.E.

3. Evidently the petitioner's husband disappeared only on account of his love affair with the 1st respondent and in any event, is now back in U.A.E. where he is employed. These facts therefore prove that the allegation of the petitioner that her husband is illegally detained by respondents 1 and 2 is not correct. In such circumstances, we cannot entertain this Writ Petition with the prayer for issue of a writ of habeas corpus. The Writ Petition fails and is dismissed. Sd/- ANTONY DOMINIC, JUDGE Sd/- sdk+ ALEXANDER THOMAS , JUDGE ///True copy/// P.S. to Judge w.p.crl.238/14 - :

3. :-

Same Court & Year Kerala · 2014 Same Parties Prasanthy vs Staphy Suresh Same Subject Land Acquisition Same Judge Honourable Mr.Justice Antony Dominic