ANU S Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE allegation in the writ petition is that sri. Sai Sankar. H, son of the 4th respondent and brother-in-law of the 3rd respondent, is under illegal detention of the respondents 3 and 4. It is alleged that the petitioner was in love with the alleged detenue and there was an understanding to conduct their marriage. In fact the marriage was fixed to be solemnized on 27/4/2009 at Sri Krishna swamy Temple, Guruvayur, and a reception was arranged on 29/4/2009 at Ramavarma Club, Alappuzha. Exts. P1 and P2 invitations are produced in support of the above contention. The allegation of the petitioner is that after making all arrangements for the wedding and the reception, respondents 3 and 4, against the will of Sri. Sai Sankar. H, had detained him in illegal custody without allowing him to contact the petitioner. Therefore the marriage could not be solemnized.

(2.) ON the basis of the notice issued from this court, the 5th respondent had produced the above said Sri. Sai Sankar. H before this court. We made personal enquiries with him. He stated that the decision to withdraw from the marriage was taken on his own will, and there was no compulsion or coercion from anybody. It is further stated that he is not under illegal confinement of any other person.

(3.) THE petitioner was also present before this court. She made a request to permit her to have talks with Sri. Sai Sankar. H, exclusively. But the proposal was not acceptable to Sri. Sai sankar. H. He said that he is not interested in having any talks with the petitioner, at present. According to him he is not in such a state of mind to have any personal talks with the petitioner. We are not proposing to excert any persuation in this respect, upon the alleged detenue, because it is evident that his statements are on his own volition. We find that the corpus of the alleged detenue is not under illegal confinement.