DOLLY MURALIDHARAN Vs. DISTRICT POLICE CHIEF

JUDGEMENT

(1.) The petitioners are parents of the alleged detenue by name Aiswarya, who is aged 18 years. The detenue was studying for plus two course in Palakkad. The grievance of the petitioners is that after mid night of 31.10.2014 and in the early hours of 1.11.2014, i.e. a little after 12.00 am, the 4th respondent kidnapped the petitioners' daughter from the petitioners' house. This was at a time when the 2nd petitioner, the father, had gone to drop the family of the 1st petitioner's sister, who had come on a visit, at the railway station. Thereafter, the 4th respondent has kept the detenue under illegal confinement. Though, the 2nd petitioner had lodged a complaint in this matter with respondents 2 and 3 before 12.30 am on 1.11.2014 itself, they have not taken any effective steps to release the detenue from the unlawful detention under the 4th respondent. According to the petitioners, the petitioners and the 4th respondent belong to different religion and they believe that the 4th respondent is coercing, blackmailing and brainwashing the daughter of the petitioners' to remain with him. The present whereabouts of the petitioners' daughter are unknown and the 4th respondent is shielding it from the petitioners as well as from the Police. Hence, the petitioners' have filed this Writ Petition under Article 226 of the Constitution of India, praying for the issuance of Writ of Habeas Corpus or direction or orders commanding respondents 1 to 3 to produce the body of Aiswarya, the alleged detenue before this Court and release her from the illegal custody of the 4th respondent.

(2.) We admitted the Writ Petition and issued notice to the 4th respondent, who was directed to produce the detenue before this Court today and respondents 1 to 3 were directed to see that the 4th respondent has complied with the above direction.

(3.) Today, the 4th respondent is present before this Court with the alleged detenue, in compliance of the Order dated 4.11.2014. The petitioners' are also present before us. We have interacted with all of them. The alleged detenue Aiswarya unequivocally submitted before us that she is not under illegal custody of the 4th respondent as alleged in the Writ Petition. Further, she submitted that on 31.10.2014, she herself left her parental house on her own volition with the 4th respondent, who was there as per her instruction and thereafter, she is living in the house of one of the relatives of the 4th respondent. She wants to get married with the 4th respondent. She further submitted that she is not interested to go back to her own house with her parents.