JOJI JOSE Vs. GEORGE THOMAS

JUDGEMENT

(1.) THIS is a petition for Habeas Corpus. The alleged detenue was present. It is submitted by the alleged detenue that she is not under illegal custody ad she is happily living with her father and mother. She has also completed her BSc Nursing course. Counsel for the petitioner submitted that petitioner has married the alleged detenue. But the alleged detenue stated that she wants to go with her father, 1st respondent. Here the only remedy for the petitioner is to approach the Family Court and not before the High Court. It is also noted that at the time of admission we have already stated that if she states that she is not under illegal custody, petitioner will have to pay heavy costs for misusing the jurisdiction of this Court instead of going to the Family Court. In these circumstances, petitioner is directed to pay a costs of Rs.3,500/- to the respondent and the amount was also paid in open court. Since alleged detenue stated that she is not under illegal custody this writ petition is dismissed.