IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(Crl.).No. 285 of 2008(S) --------------------------- PETITIONER: ------------ AJAYA KUMAR P.K., AGED 23 YEARS, PLACKAL HOUSE, PUNCHAVAYAL COLONY 504, ERUMELI NORTH. BY ADV. SRI.TITUS MANI RESPONDENTS: ------------- 1. BABY, AGED 42, S/O CHACKO, PARACKAL HOUSE, PERUMANNOOR P.O., ERNAKULAM 686 691. 2. SUPERINTENDENT OF POLICE, ERNAKULAM. BY ADV. DR.GEORGE ABRAHAM FOR R1 R2 BY G.P. SMT. M.K. PUSHPALATHA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF SECONDARY SCHOOL LEAVING CERTIFICATE OF ALEENA BABY EXT.P2-TRUE COPY OF THE MARRIAGE CERTITICATE EXT.P3-TRUE COPY OF DEPOSITION BEFORE MAGISTRATE DATED 30.7.2008 // TRUE COPY // P.S. TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No.285 of 2008-S - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of August, 2008. JUDGMENT Raman, J. The petitioner, alleging that his wife Aleena is under the illegal custody of her parents, has filed this petition for a writ of habeas corpus for producing the corpus of his wife before this court. It is also averred in the writ petition that the alleged detenu was produced before the Judicial First Class Magistrate's Court, Kothamangalam. Before the Magistrate, the petitioner's wife had stated that she wants to go with the petitioner and she was set free by the learned Magistrate and allowed to go according to her will. But the police escorted her and took her in their vehicle and left her to the first respondent's house. 2. Pursuant to the notice issued, the parties appeared. We have interacted with the alleged detenu. She has stated that she liked the petitioner, but soon she found that she will not be happy in the company of the petitioner. She is now staying with her parents of her own will and not out of compulsion as alleged. When we asked the alleged detenu whether she wants to go with the petitioner, she stated in the presence of the W.P.(Crl.)285/2008 -2- petitioner that she does not want to go with him and she wants to go with her parents only. Since the alleged detenu is not under illegal custody, no further reliefs can be granted in this writ petition. If the parties have got any other right, it is open to them to work out their remedies in appropriate proceedings. Without prejudice to such right, the writ petition is closed. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/