SREEKUMAR AND BINU S/O SADASIVAN Vs. SUPERINTENDENT OF POLICE (RURAL),; CIRCLE INSPECTOR OF POLICE,; SUB INSEPCTOR OF POLICE AND SAHADEVAN

JUDGEMENT

(1.) Petitioners - father in law and son in law, have come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce Smt. Asha, a married woman and daughter of the 1st petitioner and wife of the 2nd petitioner, aged 26 years (date of birth - 03.08.1984). According to the petitioners, Smt. Asha (hereinafter referred to as 'the alleged detenue), was legally married to the 2nd petitioner and they were allegedly leading a happy and contended married life. A male child, Adithyan, was born on 14.06.2007 in that matrimony. The 2nd petitioner/husband was employed abroad. According to the petitioners, the alleged detenue Asha developed an illicit intimacy with the 4th respondent and she along with her minor son Adithyan, aged 3 years, was found missing from the matrimonial home from 27.06.2010. A crime was registered later. The alleged detenue was produced before the learned Magistrate. In her sworn statement dated 06.07.2010 she stated that she is not under any illegal detention or confinement. Accordingly she was permitted by the learned Magistrate to freely go from Court along with her son. Thereafter nothing was heard of the alleged detenue. According to the petitioners, they had no opportunity to meet and interact with the alleged detenue and the child when she was produced before the learned Magistrate. The petitioners entertained an apprehension that she is under the illegal detention and custody of the 4th respondent. It is, in these circumstances, that the petitioners came to this Court on 27.07.2010.

(2.) When the matter came up on 29.07.2010, the Bench which dealt with the matter ordered notice to the respondents. The matter has come up for hearing today.

(3.) Today when the case came up for hearing, both the petitioners are present. They are represented by their Counsel. The alleged detenue has also come to Court along with her child. She is represented by a Counsel. The 4th respondent has appeared before Court. He is also represented by a Counsel.