IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(Crl.).No. 448 of 2009(S) --------------------------- PETITIONER : --------------- ABDUL MANAF C.P., AGED 25 YEARS, S/O.MOIDEEN, KATTUPEEDIYEKKAL, P.O.PANTHEERANKAVE, KOZHIKODE-19. BY ADV. SRI.K.K.JAYARAJ NAMBIAR RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. STATION HOUSE OFFICER, NALLALAM POLICE STATION, KOZHIKODE. 3. MOOSA KOYA E.P., AGED 48 YEARS, EDESSERY PARAKKAL, MOORKANADU, P.O.PANTHEERANKAVE, KOZHIKODE. 4. AMINA, W/O.MOOSA KOYA, EDESSERY PARAKKAL, MOORKANADU, P.O.PANTHEERANKAVE, KOZHIKODE. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.448 of 2009 ------------------------------------- Dated this the 4th day of November, 2009 JUDGMENT BASANT, J. The petitioner has come to this Court with this application for issue of a writ of habeas corpus to search for, trace and produce his wife Hajara and a female child born to him in her, who, he allegedly apprehends, are being illegally detained by respondent Nos.3 and 4, the parents in law of the petitioner. 2. It is admitted that the marriage had taken place on 19.08.07. For the first child birth the wife was taken to her parental home. There she had given birth to a child on 23.08.09. Not even a period of 3 months has elapsed from the date of delivery. It is at this juncture that the petitioner has come before this Court. 3. Why does he apprehend that his wife is under illegal confinement and detention by her parents? Except to say that she has not come back home after child birth and that attempts made by him to get them did not succeed, there is no other circumstance even suggested which can induce a prima W.P(Crl.) No.448 of 2009 2 facie satisfaction in the mind of this Court that there is any element of illegal confinement or detention in this case. We are, in these circumstances, not satisfied that notice need be ordered to the respondents in this petition for issue of a writ of habeas corpus. Evidently and transparently the dispute is one between the spouses and the dispute is only regarding the time, manner and the date on which the wife has to return to the petitioner. We are not satisfied that the situation calls for invocation of the jurisdiction under Article 226 of the Constitution of India. 4. This Writ Petition is, in these circumstances, dismissed. We may hasten to observe that the dismissal of this Writ petition will not in any way fetter the rights of the petitioner to move the Family Court to insist that his wife should return to him in accordance with law. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-