M KESAVAN Vs. SUPERINTENDENT OF POLICE, KANYAKUMARI DISTRICT

JUDGEMENT

(1.) The petitioner is the father of one Dhanya, aged 19 years (hereinafter referred to as "detenue"). She is doing B.Sc. Course in Noorul Islam Engineering College, Thucklay. According to the petitioner, on 19.11.2011, she was abducted by the third respondent along with henchmen. From that time onwards, she was found missing. With these allegations, the petitioner preferred a complaint also to the respondents 1 and 2. Since no action whatsoever was taken by the respondents 1 and 2 on the same, the petitioner has come up with this Habeas Corpus Petition seeking a direction to the respondents 1 and 2 to secure the detenue and to set her at liberty. Today, when the matter was called in the morning, the detenue was produced by the second respondent. The petitioner and his wife were present. The third respondent was also present and he was represented by a counsel. Since the petitioner expressed his desire to speak to the detenue and since the detenue was also willing for the same, they were permitted to speak in the presence of the learned counsel on either side in the Mediation Centre and to be back in this Court by 12.00 noon.

(2.) When the matter was again taken up, the detenue has stated that she is willing to go only with the third respondent. She would state that on her own accord she went out of her parental home and married the third respondent on 19.11.2011 in Urambu Church. She has also produced a certificate to the said effect. According to her, she has not been detained by the third respondent. Instead, she is living with the third respondent as his wife on her own accord. The said statement of the detenue is recorded. In view of the above stand taken by the detenue, we find no illegal detention and so, no direction as prayed for by the petitioner can be issued by this Court. Hence, the Habeas Corpus Petition is dismissed. The detenue is permitted to go any where according to her wish.