GANEESH E.G. Vs. SUPERINTENDENT OF POLICE THRISSUR

JUDGEMENT

(1.) Harilal, J The petitioner herein is the father of the alleged detenue, by name, Devanandha, aged 8 years; as well as the husband of the 4 th respondent. This writ petition has been filed on the allegation that the alleged detenue, Devanandha, is under the unlawful detention of the 4th respondent, her mother. According to him, the marital relationship between the petitioner and the 4th respondent has become strained and both of them have decided to get divorced by mutual consent, under Section 13(b) of the Hindu Marriage Act and, therefore, they filed O.P.No.184/2019 seeking dissolution of marriage before the Family court, Irinjalakuda. The case was posted for appearance of the 4th respondent on 17.10.2019; but the 4th respondent did not appear. It is learnt that on 15.10.2019, the 4 th respondent eloped with the 3rd respondent, her paramour, along with the detenue and thereafter the detenue is under the unlawful detention of the 4th respondent.

(2.) In compliance with the interim order of this Court, the 2nd respondent traced out the 4th respondent along with the detenue and produced before this Court and we have interacted with the 4th respondent. The 4th respondent admitted the pendency of O.P.No.184/2019 seeking dissolution of marriage by mutual consent before the Family court, Irinjalakuda and also admitted that she failed to appear before the court on 17.10.2019. Further she admitted the fact that she eloped with the 3rd respondent and thereafter they are living together along with the detenue. But, she denied the allegation that the detenue is under the unlawful detention.

(3.) The learned counsel appearing for the petitioner submits that the petitioner had already preferred O.P.(G&W) No.1016/2019 before the Family court, Irinjalakuda and notice was ordered against the 4th respondent, but she did not appear so far. It is also submitted that O.P.No.184/2019 is also posted for appearance of both parties on 06.12.2019.