Harilal, J. This writ petition is filed under Art.226 of the Constitution of India praying for issuance of a writ of habeas corpus or any other appropriate writ, order or direction to the respondents, directing them to produce the detenue namely Aishwarya, the daughter of the 3rd respondent, before this Court and to set her free from the illegal and unauthorised custody of the 3rd respondent.
2. It is the case of the petitioner that the petitioner and the detenue are friends and subsequently their friendship and intimacy developed
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into a love affair. About two years back, they expressed their feelings each other and they had taken a decision to live together in future as husband and wife. But, the 3rd respondent opposed the said love affair and he prevented the detenue from contacting the petitioner. In order to avoid contact between the petitioner and the detenue, she was put under the strict surveillance. Now she is illegally detained in the custody of the 3rd respondent. She is not allowed either to go out or to contact with anyone else. In the above circumstances, the petitioner has no remedy other than approaching this Court invoking the writ jurisdiction under Art.226 of the Constitution of India.
3. We admitted the writ petition and issued notice to the 3rd respondent and directed him to produce the detenue before this Court on 20/12/2014 and the 1st and 2nd respondents were also directed to see that the 3rd respondent has complied with the above direction.
4. Today, in compliance with the said order, the
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3rd respondent has produced the detenue before this Court. We interacted with the detenue and ascertained whether the allegations in the writ petition are correct or not. She unequivocally submitted before us that she is not under the illegal custody of the 3rd respondent as alleged by the petitioner. She emphatically denied the allegation that she is put under the strict surveillance of the 3rd respondent and she is not allowed either to go out or to contact with anyone else. When the detenue herself submitted before us that she is not under the illegal custody of the 3rd respondent, this Court lacks jurisdiction to issue a writ of habeas corpus or any order or direction under Art.226 of the Constitution of India.
Hence this writ petition will stand closed.
Sd/-
(V.K. MOHANAN, JUDGE) Sd/-
(K. HARILAL, JUDGE) Nan //true copy// P.S. to JUDGE