N.BASHEER Vs. THE STATE POLICE CHIEF

JUDGEMENT

(1.) The parents of a lady named Smt.Jasmine, are the petitioners herein, seeking a writ of Habeas Corpus for directing production of the corpus of Smt. Jasmine and her

(2.) minor children, Fathima aged 12 years and Muhammad Ihsan aged 5 years. The allegation is that their daughter and her children are under illegal and unlawful detention of respondents 5 to 8. 2. Averments are to the effect that, the petitioners' daughter was married to the 5th respondent on 18-09-2005 and 2 children were born out of their wedlock. It is complained that, the 5th respondent is torturing the daughter of the petitioners, both mentally and physically, by demanding more dowry and their relationship got strained. There were number of cases initiated between the spouses before the Family Court, Nedumangad and also before the Judicial First Class Magistrate, Nedumangad. All the cases were settled through a compromise petition filed before the Family Court, Nedumangad in OP No.986/2016. Based on the compromise, the petitioners executed documents with respect to certain immovable properties in favour of their daughter. According to the petitioners, the settlement was short living and the 5th respondent again started assaulting the petitioners' daughter and her minor children. According to the petitioners, they were not even permitted to see their daughter and their grand children. It is stated that, the petitioner's daughter had informed about the harassments and about the illegal detention, over telephone. Under such circumstances the petitioners have approached the respondents 2 & 3 seeking necessary steps to release their daughter and their grand children. Alleging that the respondents 2 & 3 are not taking any action, this writ petition was filed.

(3.) When the above case came up for admission on 09-07-2018, we directed the learned Government Pleader to get instructions from respondents 1 to 4. The 4 th respondent was directed to conduct a discreet enquiry into the allegations regarding the illegal confinement. It was specifically directed to obtain an independent statement of the alleged detenue, Smt. Jasmine, recorded by deputing a Woman Police Officer and to produce the statement before this court. The statement recorded and produced before this court had indicated that, after the settlement arrived in January 2018, the daughter of the petitioners is residing with the 5th respondent along with their children. But it is stated that, the 5th respondent is continuously torturing the petitioners' daughter, both mentally and physically. She had also mentioned about the ill-treatment and torture suffered from the side of the mother of the 5th respondent, the 8th respondent herein. She had expressed her strong desire to lead a separate life from her husband, in her parental home, along with the children, due to the intolerable harassments and torture met out in her matrimonial home.