SARATH CHANDRAN S/O EDASSERY CHANDRAN Vs. RAMAKRISHNAN

JUDGEMENT

(1.) The petitioner is approaching this court seeking a writ of Habeas Corpus directing for production of the corpus of Ms.Soumya, daughter of the 1st respondent, based on the allegation that she is under illegal confinement of the 1st respondent against her free will.

(2.) Brief facts averred in the writ petition are that, the petitioner and Ms.Soumya were working in Saudi Arabia and they had intimate acquaintance. It is stated that, they have decided to live together under matrimonial tie, for which they came to Kerala during the month of June, 2018. On arrival of the petitioner in Kerala, on 18.06.2018, he along with his family members went to the house of the alleged detenue in order to fix the marriage proposed. It is alleged that, thereafter the petitioner had received messages from the alleged detenue that she is facing threat to her life from the side of her parents. Therefore the petitioner genuinely apprehends that the parents of Ms.Soumya had taken a decision to separate her from the petitioner, for which they are illegally detaining her against her free will.

(3.) Pursuant to notice issued from this Court, the 1st respondent appeared and produced the alleged detenue, Ms.Soumya before this Court, on today. When we interacted she said that; she is aged 28 years and is working in Saudi Arabia as Staff Nurse, since the last 2' years, after completing her post B.Sc Nursing course from Delhi. She conceded about the acquaintance which she had with the petitioner while working at Soudi Arabia. She also conceded that the petitioner came to her house along with his family members on 18.06.2018, with a proposal of marriage. But, after sufficient deliberations, the alleged detenue and her family members have taken a decision not to proceed with the proposal of the marriage with the petitioner. She categorically said that, such a decision was taken with her full participation, in accordance with her free will and that she is not under any illegal confinement, as alleged.