ASHOK KUMAR Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The petitioner herein is the father of the alleged detenue. According to the averments in this writ petition, the detenue was found missing from the evening of 02.05.2019. On enquiry it was reliably learnt that the detenue has been eloped with the 4th respondent, a married man having a child. The petitioner preferred a complaint before the 3rd respondent alleging missing of the detenue and Crime No.423/2019 of Vellara Police Station was registered under Section 57 of the Kerala Police Act. But the alleged detenue could not be traced out so far despite the lapse of more than three months. Further it is learnt that the alleged detenue is under the unlawful detention of the 4th respondent, against her wish and will. Hence the petitioner prayed for issuing a writ of Habeas Corpus directing the 3rd respondent to produce the detenue before this Court and to set her free.

(2.) In compliance with the interim order dated 01.08.2019, the police traced out the detenue and produced before this Court. We have interacted with the She admitted that she was in love with the 4 th detenue. respondent. According to her, he made her to believe that he is an unmarried man and on that belief, both the of them were fell in love. Subsequently on 02.05.2019, she eloped with the 4th respondent and thereafter got married on the same day at a temple in accordance with Hindu religious rites and ceremonies. Thereafter they went to Tamil Nadu and returned to Kollam and while residing at Kollam on 02.08.2019, the 3rd respondent and the party took them into custody from Kollam and produced before the Judicial First Class Magistrate Court- III, Neyyattinkara, and released, after recording her statement. Thereafter, she went along with her parents. Thus, she stated that she fell in love on the belief that he is an unmarried man and he would marry her and they can lead a marital life. When the police took them into custody, she came to know that the 4th respondent is a married man having a child. Thus, she realized the fact that she is cheated by the 4th respondent. So she went along with her parents, the petitioner herein and his wife. She does not want to live along with the 4 th respondent and she wants to go and live along with her parents.

(3.) It is discernible from the statement made by the detenue before this Court that the 4th respondent made her to believe that he is an unmarried man, and she eloped with him on that belief. He has misappropriated her gold ornaments also. However, she has given a