IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(Crl.).No. 104 of 2009(S) --------------------------- PETITIONER: ------------- AL SHIBIN ALIYARUKUNJU HUSSAIN, POLIMEL HOUSE, AVANAVANCHERRY.P.O, ATTINGAL. BY ADV. MR. BRIJESH MOHAN MS. RESMI G. NAIR RESPONDENTS: ----------------- 1. THE CIRCLE INSPECTOR OF POLICE, ETTUMANOOR. 2. THE SUB INSPECTOR OF POLICE, KURAVILANGADU POLICE STATION. 3. MATHEW.K.J, PURAGTHUTTE, S. MONIPALLY, UZHAVUR PANCHAYATH, MAANACHIL, PALA - 686 636. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(Crl.) No. 104 of 2009 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF PHOTOGRAPHS /TRUE COPY/ P.A. TO JUDGE A. K. BASHEER & P. BHAVADASAN, JJ. ~~~~~~~~~~~~~~~~~~~~~~~~ W.P. (Crl.) No. 104 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of March, 2009. JUDGMENT Basheer, J: Petitioner claims that he is in love with Ms. Neenu daughter of respondent No.3 and both of them have decided to get married. According to the petitioner, his parents have no objection for this alliance. But respondent No.3, the father of Ms. Neenu is vehementally opposing the proposal for marriage. He further alleges that Ms. Neenu is under illegal detention of her parents. 2. Ms. Reshmi, learned counsel for the petitioner made a very persuasive and impassioned plea before us to issue notice to respondent No.3 directing him to produce his daughter. 3. We are not inclined to accept the above prayer. Undisputedly, Ms. Neenu is under the care and custody of her parents. Merely for the reason the petitioner claims that he is in love with Ms. Neenu and wants to marry him, it can not be assumed that she is being kept under illegal custody by her father or mother. So long as Ms. Neenu is under the care and custody of her parents, we find it difficult to assume that she is under confinement . The custody can never be illegal detention. Therefore, we are of the view that the relief sought for by the petitioner cannot be granted. 2. The writ petition fails and is accordingly dismissed. A.K. BASHEER, JUDGE P. BHAVADASAN, JUDGE kmd.