ALEX JOLLY Vs. COMMISSIONER OF POLICE KOCHI CITY

JUDGEMENT

(1.) Read the interim orders dated 15.05.2018, 18.05.2018, 23.05.2018, 02.07.2018 and 23.07.2018.

(2.) The petitioner is the husband of the first detenue Suja and father of the other detenues by name, Richa, Riya and Reetha. This writ petition has been filed on the allegation that the alleged detenues are under the unlawful detention of the 3rd respondent. Though the matter in dispute involved in this writ petition is a family dispute, falling outside the jurisdiction of the writ of habeas corpus, this Court has made earnest efforts to resolve the dispute by way of mediation, but failed. It is not disputed that the alleged detenues are not under the unlawful detention of the 3rd respondent as alleged in the writ petition and they themselves have parted with the petitioner on their own volition and now they are residing separately in accordance with their will and wish. Hence, this Court has no jurisdiction under Article 226 of the Constitution of India to grant the relief as sought for in this writ petition.

(3.) Sri.G.Sreekumar Chelur, the learned counsel who represented the detenues, submits that they have no interest to settle the matter by proceeding further with mediation. The learned counsel urged for disposal of this writ petition on merits.