LAWS(KER)-2010-9-590

PRAJEESH S/O CHANDRAN Vs. SUPERINTENDENT OF POLICE, SUB INSPECTOR OF POLICE AND PRITHVIRAJ S/O JAYADEVAN

Decided On September 06, 2010
Prajeesh S/O Chandran Appellant
V/S
Superintendent Of Police, Sub Inspector Of Police And Prithviraj S/O Jayadevan Respondents

JUDGEMENT

(1.) PETITIONER has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce Vishnuroopa, aged 21 years (date of birth - 23.03.1989), who, the petitioner claims, is his wife. According to the petitioner, Vishnuroopa (hereinafter referred to as 'the alleged detenue') and the petitioner were known to each other from early days. They were studying together. The alleged detenue is now studying for B.Sc. Computer Science course. The petitioner is also a student of Aircraft Engineering, a licensing course. According to the petitioner, the petitioner and the alleged detenue have got married in accordance with the customary rites at the Thiruvilluamala Sreerama Temple on 05.04.2010. According to him, they were living as husband and wife for a period of three months. It is the case of the petitioner that subsequently the relatives of the alleged detenue took her back from his house agreeing to accept the marital tie. Thus without bona fides the alleged detenue was taken away from the house of the petitioner and was thereafter illegally detained by the 3rd respondent, the father of the alleged detenue. She was so taken away on 08.07.2010. Thereafter she is being illegally detained and confined, alleged the petitioner.

(2.) THIS petition was filed on 30.08.2010. The same was admitted on 31.08.2010 and the matter was posted to this date. Today when the case is called, the petitioner is present. He is represented by his counsel. The 3rd respondent, the father of the alleged detenue, is present. He is represented by a counsel. The alleged detenue has come to Court along with the 3rd respondent.

(3.) AFTER the lunch recess, we interacted with the alleged detenue alone initially and later in the presence of the petitioner. Subsequently we interacted with them in the presence of the 3rd respondent, the father of the alleged detenue. The learned Counsel for the petitioner, the learned Counsel for the 3rd respondent and the learned Government Pleader were also present.