JOSEPH GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is approaching this court raising an allegation that his wife Smt. Glory George and their minor child born on 25-03-2018, are illegally detained by the respondents 4 and 5, who are the parents of the wife of the petitioner.

(2.) It is stated in the writ petition that, marriage of the petitioner with Smt. Glory George (hereinafter referred to as the 'alleged detenue') was solemnized on 10-08-2016 and a baby boy was born out of the wedlock. It is stated that, while the alleged detenue was living with the petitioner, she was taken to her parental home for delivery, on the 9th month of her pregnancy. The alleged detenue gave birth to the child at a private hospital in Kottayam, where the petitioner and his family members were present. He had taken care of all the needs in connection with the delivery. Thereafter, when the alleged deteneu got admitted in another hospital on a subsequent occasion due to some infection, the petitioner rushed to that hospital and insisted that the alleged detenue should be taken to the very same hospital where her delivery was attended. But the 5th respondent was not ready and willing to permit the petitioner to take his wife to the said hospital, as suggested by the petitioner. After discharge of the alleged detenue on 15-04-2018, the petitioner was not permitted to contact the alleged detenue or to visit his new born baby, is the allegations. The 5th respondent lodged a complaint before the 3 rd respondent in the name of petitioner's wife, as evidenced Ext.P6 (2). Eventhough the petitioner appeared before the 3 rd respondent, the 5th respondent or the alleged detenue has not turned up. Thereafter, eventhough the petitioner made repeated requests, the alleged detenue and the child has not rejoined in matrimony. Based on the allegation that the respondents 4 and 5 are confining the alleged detenue and her child, illegally against her free will, the above writ petition is filed seeking a writ of Habeas Corpus for commanding production of the corpus of the alleged detenue and the baby and to set them at liberty.

(3.) When the above writ petition came up for admission on 09-10-2018, this court directed the respondents 1 to 3 to conduct a discreet enquiry into the allegations of illegal detention. It is directed to get a statement of the alleged detenue recorded by deputing a woman police officer, not in uniform. Such statement was directed to be record in isolation, not in the presence of the respondents 4 and 5 or any other members of the family.