SANGEETHA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner is the mother of Smt.Aparna T.S., the alleged detenue. According to the petitioner, her daughter was studying in Plus Two in St.Mary's Higher Secondary School, Market Road, Ernakulam. The 5th respondent had contacted the detenue over face-book and subsequently they fell in love. The detenue was residing at petitioner's mother's house at Panangad during the vacation time, after the examination. On 23.05.2018, at about 11.00 am, the detenue was sent to a nearby shop by her grandmother and she had not returned to the house of the grandmother. The missing of the detenue was informed to the Panangad police and Panangad police has registered Ext.P1 First Information Report. Later, it was learnt that the detenue is in illegal detention of respondents 4 and 5 at Vaikom at the home of the 4 th respondent's elder daughter.

(2.) Though, the matter was intimated to the 3 rd respondent, he had not taken any effective steps to find out the detenue. In the above circumstances, the petitioner approached this Court, invoking writ jurisdiction under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus commanding the respondents to produce the body of the detenue and set her at liberty.

(3.) The detenue as well as the 5 th respondent were present before this Court on 30.05.2018 and we have interacted with them. At that time, this Court was not convinced of the existence of a legal and valid marriage between them, as claimed by them before this Court. Therefore, this Court directed the detenue to reside in Mahilamandiram, Ernakulam for the time being and the 5 th respondent was directed to produce necessary documents along with a counter-affidavit.