AMAL RAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is approaching this court seeking a writ of Habeas Corpus for commanding production of the corpus of Miss. Neha Boban(hereinafter referred to as 'the alleged detenue') and to set her at liberty, by raising an allegation that she is under illegal confinement of the 3rd respondent.

(2.) It is stated in the writ petition that the petitioner and the alleged detenue, who is the sister of the 3 rd respondent, are in love and they have taken a decision to get married. The alleged detenue is 19 years of age. Her family members were against their relationship. On 14.10.2018, the petitioner married the alleged detenue as per the custom prevailing in Hindu community at Manaluvattom Arthandappan Temple. Ext.P1 photograph is produced in proof of the said marriage ceremony. According to the petitioner, after the marriage the petitioner and the alleged detenue had stayed together for one day at his house. But, thereafter the police team took the alleged detenue into custody for producing her before the Judicial First Class Magistrate's Court, Chengannur, in connection with a missing case registered. Thereafter the petitioner could not contact the alleged detenue, because she was removed to somewhere. The petitioner came to know that the alleged detenue is under house arrest. Under such circumstances, the petitioner is seeking relief as mentioned above.

(3.) Even though notice was issued from this court to the 3rd respondent directing to produce the alleged detenue, it could not be served because the house of the 3 rd respondent remained locked. On 29.10.2018, when the case was taken up for consideration, learned Government Pleader appearing on behalf of the 2nd respondent submitted that, the alleged detenue was produced before the Judicial First Class Magistrate's Court- I, Chengannur on 15.10.2018, based on a case registered under Section 57 of the Kerala Police Act, on the basis of a complaint of the 3rd respondent with respect to missing of the alleged detenue. It is stated that, at that time the alleged detenue expressed her desire before the learned Magistrate to go along with her grandmother. Accordingly she was set at liberty to go along with her grandmother. Enquiries conducted by the 2nd respondent had revealed that, at present the alleged detenue is staying along with her grandmother somewhere in Pune, in the State of Maharashtra.