IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, 16TH DAY OF JULY 2010/ 25TH ASHADHA 1932 WP(Crl.).No. 289 of 2010(S) --------------------------- PETITIONER: --------------- SHAJAHAN, SHAJI, S/O.HAMZA, AGED 30 YEARS, RESIDING AT ERAYATHU HOUSE, KATHRIKADAVU, KALOOR,KADAVANTHRA ROAD, ERNAKULAM. BY ADV. SRI.V.V.SURESH SRI.J.VIMAL RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, KANNUR, POLICE HEAD QUARTERS, KANNUR. 2. THE SUB INSPECTOR OF POLICE, KOLAVALOOR POLICE, THALASSERY.KANNUR 670582 3. ABDULLA, RESIDING AT NALOOR HOUSE, P.O.KADAVATHOOR, KANNUR DISTRICT. 4. SABEERA, W/O.ABDULLA, RESIDING AT NALOOR HOUSE, P.O.KADAVATHOOR, KANNUR DISTRICT. 5. RASHEED,RESIDING AT NALOOR HOUSE, P.O.KADAVATHOOR, KANNUR DISTRICT. BY GOVT. PLEADER SRI K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL) NO. 289 OF 2010 ============================ DATED THIS THE 16TH DAY OF JULY 2010 JUDGMENT Basant,J. The petitioner has come to this court for issue of a writ of habeas corpus to search for and produce his wife and minor child, aged 2 years, who he apprehends that they are under the illegal detention and custody of respondents 3 to 5, the parents and brother of his wife. They are allegedly under detention from 3/1/2010. On that day the wife went to her paternal house with their child. They did not return. According to the petitioner, she and the child are under illegal detention. 2. It is admitted that a complaint under Section 498 A of the Indian Penal Code has been filed by the wife against the petitioner. It is further admitted that she has filed a petition for divorce against him. It is also submitted that the petitioner has WPCRL.289/2010 2 already entered appearance before the Family Court in the application for divorce. 3. What prompts the petitioner to think or assume that his wife and child are under illegal detention and custody. We requested the learned counsel for the petitioner to place materials before us to instill in us, the prima facie satisfaction that his wife and child are under illegal detention/custody. Admittedly, a petition for divorce filed by the wife is pending before the Family Court. The petitioner can certainly appear before the Family Court and insist that his wife must be asked to appear. He can request that the parties must be sent for counselling. It must be possible for the court to ascertain whether she is under illegal confinement/detention. At the moment and with the available inputs, we find not a semblance of material available to jump to the conclusion that she is under any illegal detention or confinement. Absolutely no material is available even to remotely indicate such a possibility. 4. We are, in these circumstances, satisfied that this petition for issue of a writ of habeas corpus cannot and need not be admitted. This writ petition is dismissed. WPCRL.289/2010 3 5. We may hasten to observe that the right of the petitioner to move the Family Court and to insist on conciliation/counselling shall remain unfetter by the dismissal of this writ petition. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.