G GOPAKUMAR Vs. SUB INSPECTOR OF POLICE KALLAMBALAM

JUDGEMENT

(1.) THE petitioner has come to this Court through his power of attorney holder and mother with this petition for the issue of a writ of habeas corpus to search for trace and produce his wife Arsha R.Nair, aged about 24 years (date of birth - 31/5/1986).

(2.) THE petitioner and the alleged detenue Arsha R.Nair are married. THEir marriage was solemnised and registered on 6.3.2009. THEy had resided at various places. Finally, they were residing at Vishakapattanam. One child was born in the wed lock. From 15.7.2010, the alleged detenue - wife of the petitioner was missing along with the child. It is in these circumstances that the petitioner came to this court with this petition on 3.11.2010.

(3.) WE interacted with the alleged detenue. The alleged detenue states that she is not under any illegal detention or confinement. She is absolutely free. She has come to her native place and is residing with their mother at Vadasserikonam, Kallambalam, Varkala, Thiruvananthapuram District along with their daughter Devina and her son Ashik, born prior to the marriage with the petitioner. She states that she is not under illegal detention and that she has valid reasons to stay away from the petitioner. The power of attorney of the petitioner states that the petitioner is presently employed in Africa.