SOMANATHAN Vs. UMAITHLAL SHAH

JUDGEMENT

(1.) This is a petition by a person who is said to be in love with the third respondent for the issue of a writ of habeas corpus "directing the first respondent to release the third respondent from his illegal custody and to direct that she be set at liberty."

(2.) In Para.3 of the petition a reference is made to a letter dated 26th March 1975, said to have been written by the third respondent to the petitioner in Hindi, Ext. P1, and it is stated that the third respondent had mentioned in the letter "that her father, the 1st respondent, has actually imprisoned her in the house". In Para.4 there are the following averments:

(3.) We doubted whether a petition for the issue of a writ of habeas corpus for the release of the third respondent who, according to the averments in the petition, is under detention in Bhuj, Cutch; the person alleged to be illegally detained the third respondent, and what is more important, the first respondent, the person, who it is alleged has detained the third respondent, being outside the jurisdiction of this court, would lie. Arguments were therefore heard on this aspect.