SUCHITHRA Vs. CITY POLICE CHIEF

JUDGEMENT

(1.) The petitioner is a lady aged 26 years and is a resident of Kottayithazham, Perumma, Kozhikode. She is approaching this court raising a complaint that a person named Sri. Subheesh (hereinafter referred to as the 'alleged detenue') is under illegal confinement of his father, the 5th respondent herein. Hence the petitioner seeks a writ of Habeas Corpus for commanding production of corpus of the alleged detenue and to set him at liberty from the alleged illegal confinement of the 5 th respondent.

(2.) It is averred in the writ petition that, responding to an advertisement inviting marriage proposals for the petitioner, the alleged detenue got acquainted with the petitioner, in May 2016. Based on the proposal of the alleged detenue, the parents of the petitioner consented for the marriage. Thereafter the alleged detenue frequently visited the house of the petitioner and they have travelled and resided together and had physical relationship, during April, 2017. In May 2017 the alleged detenue went back to Abudhabi. But the contact continued. The alleged detenue was making payments to the petitioner for her needs and the petitioner was receiving all such amounts on the belief that the alleged detenue would marry her. But, parents of the alleged detenue were against their relationship and they tried to create hurdles to the marriage being materialized. While things remains so, the alleged detenue came back on 27-01- 2019. The 5th respondent and his wife are now detaining the alleged detenue by threatening him that they will not allow the alleged detenue to marry the petitioner. Eventhough the petitioner lodged a complaint before the 1 st respondent, the police is not taking any action. Raising allegation that the alleged detenue is under illegal confinement, the above writ petition is filed.

(3.) On 08-02-2019, this court directed the respondents 2 and 3 to conduct a discreet enquiry into the allegations of illegal detention. The 3rd respondent was directed to get an independent statement of the alleged detenue recorded and produced before this court. Today, when the case is taken up, the 3rd respondent had submitted a report enclosing a statement of the alleged detenue recorded.