SANTOSH KUMAR Vs. STATE AND ORS.

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and respondents. The petition is filed by the petitioner to issue a writ of Habeas Corpus directing the respondents-Commissioner of Police, Infantry Road and Inspector of Police, JP Nagar Police Station to produce his wife, Lokeshwari B.S. to enable him to take her to the matrimonial home.

(2.) According to the petition averments, the petitioner is a registered money lender. In the year 2007, he came in contact with Lokeshwari later turned into love and they agreed to marry each other and accordingly married on 14.1.2008 under Section 13 of Special Marriage Act, 1954 which was registered before the Marriage Officer, Jayanagar, Bangalore. It is his further case that his father-in-law is a business man and his wife belongs to Lingayat Caste. Their marriage was not intimated to her parents. Therefore, she is residing with her parents at No. 668, 45th Cross, 8th Block, Jayanagar, Bangalore-560082 and now they have changed the residence to No. 1709, 8th Cross, 17th A Main Road, 2nd Phase, Bangalore- 560078.

(3.) It is contended that the wife of the petitioner is afraid to inform her parents regarding their marriage for the reason that her father may do away with her life and also the petitioner. According to him, a representation dated 20.8.2014 vide Annexure-C was given to the jurisdictional Police seeking protection and the same was refused by the Police. Later, his father-in-law having learnt the register marriage between his daughter and the petitioner has restrained his wife from going out of his house. Therefore, the present petition is filed.