P ANEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS judgment must be read in continuation of various orders passed by this Court resting with our order dated 30.11.2010.

(2.) THE petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce Ms.Betty Anu Chacko, a young woman now aged above 24 years (date of birth - 01.05.1986). She is a B.E (Bio Technology) graduate. She is the daughter of the 7th respondent. THE petitioner and the said Betty Anu Chacko, the alleged detenue, were in love. THEir relationship did not have the approval of their parents. THEy belong to two different religions. On 24.02.2006 vide Ext.P1 certificate of marriage, their marriage had taken place at the Arya Samaj (Vedic Church), Kozhikode. THEreafter they are legally wedded spouses. But the alleged detenue was taken away by her father, the 7th respondent to his place of employment at Muscat. THE petitioner alleged that the alleged detenue was being illegally detained and confined by the 7th respondent. According to him, the alleged detenue had complained to him many times that she was being illegally detained and confined. THE petitioner, in these circumstances, prayed that a writ of habeas corpus may be issued to cause the production of the alleged detenue and she may be permitted to be at liberty and to join him.

(3.) AS the alleged detenue comes to Court along with/in the custody of the 7th respondent, who allegedly is detaining and confining her, we permitted the alleged detenue to remain in the Chamber with no opportunity for the 7th respondent to influence her. In response to her request, we permitted the petitioner to interact with her during the pre lunch session.