IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 285 of 2008(S)
1. AJAYA KUMAR P.K., AGED 23 YEARS,
... Petitioner
Vs
1. BABY, AGED 42, S/O CHACKO, PARACKAL
... Respondent
2. SUPERINTENDENT OF POLICE, ERNAKULAM.
For Petitioner :SRI.TITUS MANI
For Respondent :DR.GEORGE ABRAHAM
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :26/08/2008
O R D E R
P.R.Raman &
T.R. Ramachandran Nair, JJ.
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W.P.(Crl.) No.285 of 2008-S
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Dated this the 26th day of August, 2008.
JUDGMENT
Raman, J.
The petitioner, alleging that his wife Aleena is under the illegal
custody of her parents, has filed this petition for a writ of habeas corpus for
producing the corpus of his wife before this court. It is also averred in the
writ petition that the alleged detenu was produced before the Judicial First
Class Magistrate’s Court, Kothamangalam. Before the Magistrate, the
petitioner’s wife had stated that she wants to go with the petitioner and she
was set free by the learned Magistrate and allowed to go according to her
will. But the police escorted her and took her in their vehicle and left her to
the first respondent’s house.
2. Pursuant to the notice issued, the parties appeared. We have
interacted with the alleged detenu. She has stated that she liked the
petitioner, but soon she found that she will not be happy in the company of
the petitioner. She is now staying with her parents of her own will and not
out of compulsion as alleged. When we asked the alleged detenu whether
she wants to go with the petitioner, she stated in the presence of the
W.P.(Crl.)285/2008 -2-
petitioner that she does not want to go with him and she wants to go with
her parents only. Since the alleged detenu is not under illegal custody, no
further reliefs can be granted in this writ petition. If the parties have got any
other right, it is open to them to work out their remedies in appropriate
proceedings.
Without prejudice to such right, the writ petition is closed.
( P.R.Raman, Judge.)
(T.R. Ramachandran Nair, Judge.)
kav/