IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(Crl.).No. 10 of 2011(S) -------------------------- PETITIONER: --------------- KAVITHA, D/O.DAMODHARAN, AMBALA KULANGARA VELI, MANNANCHERI P.O., ALAPPUZHA. BY ADV. SRI.SALIM V.S. DR.ABRAHAM P.MEACHINKARA SRI.M.K.HARIKUMAR RESPONDENTS: --------------- 1. MANI, MULLAMPARAMBU VEEDU, PUTHENVELIKKARA P.O., NORTH PARAVOOR, ERNAKULAM DISTRICT. 2. KRISHNA KUMAR @ MANIKANDAN, S/O.MANI, MULLAMPARAMBU VEEDU, PUTHENVELIKKARA P.O., NORTH PARAVOOR, ERNAKULAM DISTRICT. 3. HARIDAS @ HARIHARAN, MULLAMPARAMBU VEEDU, PUTHENVELIKKARA P.O., NORTH PARAVOOR, ERNAKULAM DISTRICT. 4. NIMISHA, D/O.MANI, MULLAMPARAMBU VEEDU, PUTHENVELIKKARA P.O., NORTH PARAVOOR, ERNAKULAM DISTRICT. 5. S.I. OF POLICE, PUTHENVELIKKARA, ERNAKULAM DISTRICT. 6. C.I. OF POLICE, VADAKKEKARA, ERNAKULAM DISTRICT. 7. THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA. GOVERNMENT PLEADER, SHRI KAMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (Crl.) No. 10 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of January 2011 JUDGMENT K. M. Joseph J., The petitioner has approached this Court seeking a writ of habeas corpus to produce the husband of the petitioner, Shibeesh Kumar, aged 25 years, now forcibly retained by respondents 1 to 4. 2. Briefly put the case of the petitioner is briefly as follows. The petitioner is a lady and she belongs to scheduled caste community. She fell in love with Shibeesh Kumar, son of the first respondent. She alleged that she eloped with him and they got married on 12.6.2010. They were residing together in a rented house at Malayalapuzha. The second respondent, the elder brother of the petitioner's husband came to Malayapuzha and taken them to North Paravur, where the family of petitioner's husband resides. On reaching the house there was an altercation between the husband of the petitioner and respondents 1 to 4. Respondents 1 to 4 W.P. (Crl.) No. 10 of 2011 :2: manhandled the petitioner and her husband and the petitioner was forcefully driven away. The husband of the petitioner is in illegal custody of respondents 1 to 4. 2. A complaint was launched before respondents 5 and 6. We have directed the Government Pleader to get instructions. The learned Government Pleader on instructions submitted that the alleged detenu has already left India on 13.7.2010 by Flight No.2B538 to Behrain and assured that he is not come back. In such circumstances, the allegation of detention of the detenu as against respondents 1 to 4 does not appears to be probable. 3. Accordingly we close this Writ Petition. This will be without prejudice to the right of the petitioner to approach any other appropriate forum. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/