C.D. ADARSH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS writ petition under Article 226 has been filed by the petitioner, the husband of one Simmy, alleging that Smt. Simmy his wife and Anna his child are being illegally detained against her wishes by her brothers - respondents 5 and 6 at Madikkeri in Karnataka State. On considering this writ petition for admission on 21/8/2012, the Government Pleader took notice on behalf of respondents 1 to 4 and this court ordered notice by speed post to respondents 5 and 6. An order was also passed directing the respondents 5 and 6 that they shall appear before this court and produce Simmy and minor child Anna before this court on 12/9/2012.

(2.) ON 12/9/2012, respondents 5 and 6 entered appearance through advocate Sri. K. Rajesh. Respondent 6 alone was present in this court. Neither Simmy nor the child were produced. Hence, on that day we passed the following orders:

(3.) SMT . Simmy told us that the allegation, that she is being illegally detained by her brothers - respondents 5 and 6 against her wishes, is without any foundation. The petitioner phoned up her brothers - respondents 5 and 6 and informed them that unless they come and take away their sister Simmy, consequences will follow. It was in that context that her brothers came down from Madikkeri and took her to their house in Madikkeri. She is not in anybody's detention or confinement. She is an absolutely free person. We enquired of her as to why she is not appearing before the Family Court, Kottaym at Ettumannur, where her husband has filed Original Petition seeking custody of Anna the girl child, she told us that the hearing date of the family Court matter is only tomorrow and she intends to appear before the Family Court.