Court also sought an apology from Shameer H, but agreed to hear his case alleging detention of his girlfriend by her father and brother.
Published Oct 01, 2022 | 12:23 PM ⚊ Updated Oct 01, 2022 | 2:24 PM
Kerala High Court. (Creative Commons)
A man filing a habeas corpus petition for the release of his girlfriend might have been viewed favourably in most circumstances. But in this instance, the Kerala High Court expressed mixed sentiments.
The bench consisting of Justices Alexander Thomas and Sophy Thomas slapped a ₹25,000 fine on Shameer H because he concealed the fact that he was married and that he faces a divorce case filed by his wife.
Still, it agreed on 26 September to hear his case alleging detention of his girlfriend by her father and brother, once Shameer has paid the fine and submitted the apology.
The counsel for Shameer disclosed his marital status and the pending divorce case before a family court in Thiruvananthapuram only during the hearing, and not in the original habeas corpus petition.
“From the facts and circumstances of the case, it appears that the petitioner has suppressed highly crucial and relevant factual aspects in the pleadings of this Writ Petition (Crl)., instituted for seeking issuance of the high prerogative writ of habeas corpus,” says the high court order accessed by South First.
The judges also noted that they had interacted with Shameer’s girlfriend — who has a doctorate degree in pharmacology and teaches at an unaided college — through videoconference, when she expressed the desire to live with the petitioner, and also confirmed that she was being held against her wishes by her father and brother.
The court has sought details of the divorce proceedings of Shameer before the family court in Thiruvananthapuram. It will next hear Shameer’s case on 7 October.
