THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.14018 of 2011 ORDER: (Per Hon’ble Sri Justice A.Gopal Reddy) The petitioner, who is the husband of the alleged detenue, namely, Seethu Cherian, filed this writ petition for issuance of writ of Habeas Corpus for production of the alleged detenue before this Court and set her at liberty forthwith. It is the case of the petitioner that while he was attending to his grandfather at Swatantra Hospital, Rajahmundry, he came into contact with the alleged detenue, who is the daughter of the fourth respondent and who was working as Nurse in the said hospital and gradually they fell in love with each other. Ultimately, they married on 27.04.2011. Subsequently, the alleged detenue informed about the marriage to her father-fourth respondent. Apprehending danger to their lives from the hands of the fourth respondent, the petitioner and the alleged detenue approached the third respondent for necessary protection. While so, on 06.05.2011, the fourth respondent along with his henchmen came to his house, threatened to kill him and took away the alleged detenue. Since then, the alleged detenue is in illegal detention. The third respondent-Station House Officer, Narsapur Police Station filed a counter-affidavit stating that the Sub Inspector of Police, Peruvamthanam Police Station, Idukki District, Kerala State approached the In-charge Station House Officer of Narsapur Town Police Station on 06.05.2011 and informed that a case in Crime No.178 of 2011 was registered with them under the caption “mission person” on 04.05.2011 and the said missing person (alleged detenue) was traced in the limits of Narsapur Town Police Station, West Godavari District and sought assistance of the local police to take them to the house of the alleged detenue and the petitioner. On such representation, the In-charge Station House Officer deputed a Head Constable to assist the Police of Kerala. Accordingly, the said Head Constable accompanied the Police of Kerala and the fourth respondent to Kotha Navarasapuram Village and traced the alleged detenue in the company of the petitioner. Then, the alleged detenue informed the Police of Kerala and the fourth respondent that she voluntarily married the petitioner and living with him in the said place. On that the fourth respondent informed the alleged detenue that her mother is unwell and requested her to join him to go to Kerala. Then the alleged detenue voluntarily accompanied the Police of Kerala and her father and informed the petitioner in the Police Station that she is going to visit her mother and return soon. It is specifically pleaded in the counter affidavit that the petitioner voluntarily sent the alleged detenue with the fourth respondent to Kerala State. Further, no reply affidavit is filed by the petitioner controverting the averments made in the counter-affidavit. In view of the same, and since the alleged detenue is not in illegal detention as pleaded by the petitioner, issuance of writ of Habeas Corpus does not arise. The remedy, if any, for the petitioner is to approach the High Court of Kerala by filing a writ of Habeas Corpus. The writ petition is accordingly dismissed. However, the petitioner is at liberty to avail the alternative remedy, if he is so advised. _____________________ A.GOPAL REDDY, J _____________________ RAJA ELANGO, J Dated 21.06.2011 va