IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(Crl.).No. 502 of 2011(S) ------------------------------------ PETITIONER(S): ---------------------- GOPAL SINGH MEHARA, AGED 31 YEARS, S/O.KISHAN SINGH MEHARA, H.NO.19, JAURASI P.O., PIN: 263 135 NAINITAL DISTRICT, UTTARANCHAL STATE (BHAWALI POLI STATION LIMIT) BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): ------------------------ 1. DEVADAS (AGE & FATHER'S NAME NOT KNOWN) VETTAMALA HOUSE, THELLAKAM P.O., KOTTAYAM DISTRICT PIN: 686 016 (ETTUMANOOR POLICE STATION LIMIT) 2. AMBIKA, W/O.DEVADAS, (AGE NOT KNOWN) VETTAMALA HOUSE, THELLAKAM P.O., KOTTAYAM DISTRICT PIN: 686 016 (ETTUMANOOR POLICE STATION LIMIT) 3. SUB INSPECTOR OF POLICE, ETTUMANOOR POLICE STATION KOTTAYAM DISTRICT - 686 631. 4. THE SUPERINTENDENT OF POLICE, KOTTAYAM DISTRICT - 686 001. R1 & R2 BY ADV. SRI.A.K.HARIDAS R3 & R4 BY GOVERNMENT PLEADER SRI.PADMARAJ. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 502 of 2011(S): PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE IDENTITY CARD NO.UP/4/013/0102061 ISSUED BY THE ELECTION COMMISSION OF INDIA TO THE PETITIONER. EXT.P2.TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 8.9.2010 ISSUED BY THE ARYA SAMAJ, ARYANAGAR, NORTH LALGUDA, SECUNDERABAD. EXT.P3.TRUE COPY OF A PHOTOGRAPH TAKEN AT THE TIME OF THE MARRIAGE OF THE PETITIONER WITH THE DETENUE. EXT.P3A.TRUE COPY OF A PHOTOGRAPH TAKEN AT THE TIME OF THE MARRIAGE OF THE PETITIONER WITH THE DETENUE. EXT.P4.TRUE COPY OF THE CERTIFICATE OF MARRIAGE DATED 8.9.2010 ISSUED BY THE MARRIAGE OFFICER (REGISTRAR OF HINDU MARRIAGES) MARREDPALLY, SECUNDERABAD. EXT.P5.TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT ON 31.10.2011. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(Crl) No.502 of 2011-S ----------------------------------------- Dated, this the 4th day of November, 2011 J U D G M E N T K.M.Joseph, J. Petitioner seeks a writ of Habeas Corpus for production of his wife who is the daughter of respondents 1 and 2. 2. Today, the alleged detenue was present before us, so was the petitioner. The alleged detenue would say that she is not interested in going with the petitioner. It is submitted by the learned counsel for respondents 1 and 2 that the alleged detenue has in fact filed a petition for obtaining dissolution of her marriage with the petitioner before the Family Court, Kottayam at Ettumanoor. We also interacted with the 2nd respondent, the mother of the alleged detenue. We do not notice any element of illegal detention as alleged. We find that the alleged detenue in fact is a free agent. In such circumstances, we close this writ petition. However, this will be without prejudice to the rights of the parties. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS