K.Vishnu vs Sunil N
2021 Latest Caselaw 12431 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

                                  &

                THE HONOURABLE MRS. JUSTICE M.R.ANITHA

      FRIDAY, THE 14TH DAY OF MAY 2021 / 24TH VAISAKHA, 1943

                       WP(Crl.).No.134 OF 2021


PETITIONER:

               K.VISHNU
               AGED 26 YEARS
               S/O. K.CHANDRAN, KILARKUDIYAN HOUSE, THURUTHY,
               PAPPINISSERI P.O., KANNUR-670 561.

               BY ADV. SRI.C.K.SREEJITH

RESPONDENTS:

      1        SUNIL N
               NITTOOR HOUSE, VELAPURAM, PAPPINISSERI P.O., KANNUR-
               670 561.

      2        THE DISTRICT POLICE CHIEF
               POLICE DISTRICT QUARTERS, KANNUR-670 001.

      3        THE SUB-INSPECTOR OF POLICE
               PAPPINISSERI POLICE STATION, KANNUR-670 561.

      4        CIRCLE INSPECTOR OF POLICE
               KANNAPURAM POLICE STATION, KANNUR-670 301.




               SMT SHEEJA CS SR GOVERNMENT PLEADER

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
14.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl.).No.134 OF 2021               2




                                    JUDGMENT

Raja Vijayaraghavan V, J

This writ petition is filed seeking for the issuance of a writ of Habeas

Corpus to produce the body of Sneha.N, the daughter of the 1st respondent,

who according to the petitioner is his wife. He contends that the marriage

between Sneha and the petitioner was solemnized on 29.3.2021 and reliance

is placed on Exhibit P1 certificate. The grievance of the petitioner is that the

aforesaid Sneha is being illegally detained by the 1st respondent against her

will.

2. By order dated 11.5.2021, we had directed the 4th respondent to

ensure that Sneha is not being subjected to any physical or mental harm.

We had also directed the 4th respondent to take steps to ensure that the

alleged detenu gets an opportunity to interact with us.

3. Today, when the case was taken up, Sneha appeared before us

through video conferencing. We interacted with the young lady. She stated

that she is pursuing Bakery and confectionery course and is presently

residing with her uncle, as her father, the 1st respondent herein, is working

abroad. She stated that she is not being illegally detained by any person and

that the assertions made by the petitioner in the writ petition is not correct.

After interacting with Sneha, we are satisfied that she is a well educated girl

who is capable of taking decisions on her own.

4. No one disputes the fact that Sneha is a major girl. The disclosures

made by her before us reveal that she is not illegally detained either by her

father or anybody else. The only question to be probed into by this Court in

a petition of this nature is whether Sneha is illegally detained. On facts, we

are satisfied that there is no illegal detention as alleged by the petitioner.

Therefore, the writ petition cannot be entertained and is accordingly

dismissed.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE

Sd/-

M.R.ANITHA

JUDGE ps

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY KIZHAKKE KALLARAKKANDY SRI. MUTHAPPAN MADAPPURA.

EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE KANNAPURAM POLICE STATION DATED 29.4.2021.

EXHIBIT P3 THE TRUE COPY OF THE RECEIPT ISSUED BY THE POLICE DATED 4.5.2021.

RESPONDENTS' EXHIBITS:

NIL