IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH APRIL 2008 / 29TH CHAITHRA 1930 WP(Crl.).No. 117 of 2008(S) --------------------------- PETITIONER: ------------ SHAMEER BABU, S/O.ABDULLA, THAZHATHEPEEDIKA HOUSE, VELLIYANCHERY P.O., EDAPPATTA VILLAGE, PERINTHALMANNA TALUK. BY ADV. SRI.K.ANAND RESPONDENTS: ------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, MELATTOOR POLICE STATION, PERINTHALMANNA. 3. KUNJAYAMU, S/O.KUNJIMOIDHEEN, PARAMMAL HOUSE, EPPIKKAD, EDAPPATTA PO., PERINTHALMANNA TALUK. R1 BY GOVT. PLEADER MR. M.R. SABU BY ADV. SRI.P.K.VIJAYAMOHANAN SRI.ALAN PAPALI SRI.GILBERT GEORGE CORREYA SRI.NISHIL.P.S. SRI.P.S.PRADEEP THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR.117/2008 APPENDIX: PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE OCMPLAINT IN CMP NO. 1115/2008 BEFORE THE JFCM II, PERINTHALMANNA. RESPONDENTS' EXTS: NIL TRUE COPY P.S.TOJUDGE K. BALAKRISHNAN NAIR & ANTONY DOMINIC, JJ. ============================== W.P.(Cr.) NO. 117 OF 2008 ============================ DATED THIS THE 18TH DAY OF APRIL, 2008 JUDGMENT BALAKRISHNAN NAIR,J. The petitioner, who is the husband of Smt.Misliya, has approached this Court alleging that she is under the illegal custody of the 3rd respondent, who is none other than her father. But Smt. Misliya, the petitioner's wife says that she is not under illegal detention. She is living with her father, under her own volition. This Court appointed Advocate Smt. N. Santha as a mediator to try to unite them. But her efforts failed and she has reported that fact to this Court. 2. Learned counsel for the petitioner prays that this Court may make another attempt to unite them. We think the proceedings for Habeas Corpus are not appropriate for the same. For that, the petitioner has to move the Family Court and seek appropriate reliefs in this marital disputes. In view of the submission of the alleged detenu that she is not 2 W.P.(Cr.)No.117/2008 detained by the 3rd respondent, the writ petition is dismissed without prejudice to the contentions of the petitioner and his right to move other Forums for appropriate reliefs. K. BALAKRISHNAN NAIR, JUDGE ANTONY DOMINIC, JUDGE ks.