IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(Crl.).No. 510 of 2009(S) --------------------------- PETITIONER(S): --------------- AMAL RAJ, S/O. CHANDRA MOHAN, MOHAN NIVAS,MELUR P.O., KOYILANDY, KOZHIKODE DIST. BY ADV. SRI.C.K.PRASAD SRI.ARUN K.ANTONY RESPONDENT(S): --------------- 1. K.M. JALEEL, KURUDANPARAMBIL HOUSE, EDAVANAKKAD P.O., ERNAKULAM DIST. 2. THE RURAL SUPERINTENDENT OF POLICE, ALUVA, ERNAKULAM. 3. THE CIRCLE INSPECTOR, NARAKKAL, ERNAKULAM. 4. THE SUB INSPECTOR OF POLICE, NARAKKAL POLICE STATION, ERNAKULAM. BY G.P. SMT. SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No.510 of 2009-S ------------------------------------------------- Dated this the 7th day of December, 2009 JUDGMENT Basant,J. The petitioner has filed this application for issue of writ of habeas corpus to search for, trace and produce his wife Yasmin - an adult major woman, who, according to him, he is married on 4/4/07 in accordance with the provisions of the Special Marriage Act. It is his grievance that his wife is being detained illegally by the 1st respondent - her father, from November, 2009. 2. This petition was filed on 2/12/2009. It was admitted on 3/12/09 and notice was ordered to the respondents. Notice has been served on the respondents. On the 1st respondent, direct service could not be effected and service was effected on the brother-in-law of his. W.P.(Cri) No.510 of 2009 -: 2 :- 3. Today, when the matter came up for hearing, the learned Government Pleader, after taking instructions, submits that the police is satisfied that there is no element of illegal detention or confinement. The learned Government Pleader has placed before Court for its perusal an order dated 26/3/09 passed by the Family Court, Ernakulam, in O.P.No.1409/08 under which the alleged marriage solemnized on 4/4/09 has been declared to be null and void under Sec.25 of the Special Marriage Act. The alleged illegal detention commenced in November, 2009, it is alleged. 4. The 1st respondent has not entered appearance. The learned Government Pleader reports that the police are satisfied that the 1st respondent is not available in India and is abroad. The alleged detenue also, after securing the order dated 26/3/09 in O.P.No.1409/08, has left this country and is abroad along with her father, it is reported. 5. The learned counsel for the petitioner submits that the petitioner was totally unaware of O.P.No.1409/08 or the ex parte order passed against him on 26/3/09. As he is now informed of the same, he shall take necessary steps through the Family Court in accordance with law, submits the learned counsel for the petitioner. The learned Government Pleader has graciously W.P.(Cri) No.510 of 2009 -: 3 :- offered a copy of the order dated 26/3/09 for the information of the petitioner. 6. We are not satisfied at all that there is any element of illegal detention or confinement. We are, in these circumstances, satisfied that this writ petition only deserves to be dismissed and no further directions need be issued. 7. This writ petition is, in these circumstances, dismissed. However, we make it clear that the dismissal of this writ petition will not, in any way, fetter the rights of the petitioner to take appropriate steps in accordance with law for the redressal of his genuine grievances, if any. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge