SHAJAHAN Vs. SUPERINTENDENT OF POLICE KANNUR

JUDGEMENT

(1.) The petitioner has come to this court for issue of a writ of habeas corpus to search for and produce his wife and minor child, aged 2 years, who he apprehends that they are under the illegal detention and custody of respondents 3 to 5, the parents and brother of his wife. They are allegedly under detention from 3/1/2010. On that day the wife went to her paternal house with their child. They did not return. According to the petitioner, she and the child are under illegal detention.

(2.) It is admitted that a complaint under Section 498 A of the Indian Penal Code has been filed by the wife against the petitioner. It is further admitted that she has filed a petition for divorce against him. It is also submitted that the petitioner has already entered appearance before the Family Court in the application for divorce.

(3.) What prompts the petitioner to think or assume that his wife and child are under illegal detention and custody. We requested the learned counsel for the petitioner to place materials before us to instill in us, the prima facie satisfaction that his wife and child are under illegal detention/custody. Admittedly, a petition for divorce filed by the wife is pending before the Family Court. The petitioner can certainly appear before the Family Court and insist that his wife must be asked to appear. He can request that the parties must be sent for counselling. It must be possible for the court to ascertain whether she is under illegal confinement/detention. At the moment and with the available inputs, we find not a semblance of material available to jump to the conclusion that she is under any illegal detention or confinement. Absolutely no material is available even to remotely indicate such a possibility.