Mohanan, J.
The second petitioner is the daughter of the first petitioner and their grievance is that the husband of the first petitioner as well as the father of the second petitioner is illegally detained by the respondents 5 and 6, who are none other than the father and maternal uncle of the so called detenue. Therefore, it is prayed, to issue a writ of habeas corpus or other appropriate order or direction commanding the respondents to produce Sunil Kumar, the husband of the first petitioner and father of the second petitioner before this Court and to issue such other reliefs.
2. In pursuant to the direction issued by this Court dated 17/12/2014, when we admitted the writ petition, the respondents 5 and 6 entered appearance through counsel. The learned counsel for the respondents 5 and 6 submitted W.P.(Crl.)517/14 :2:
that the son of the 5th respondent went abroad in May 2014 and also submitted that O.P.No.1925/14 has been filed by him in the Family Court at Thiruvananthapuram through his Power of Attorney holder seeking divorce against the first petitioner herein and, according to the learned counsel appearing for the respondents 5 and 6, Mr. Sunil Kumar, the alleged detenue, is not under their illegal confinement, but he volunteered to go to Gulf for employment.
3. The learned Government Pleader, on instruction, submitted that on enquiry conducted by the Sub Inspector of Police, Vizhinjam Police Station, it is revealed that Sunil Kumar, the son of the 5th respondent, went abroad and to their enquiry it is revealed that the said Sunil Kumar is not under the illegal confinement of anybody in India. The above submissions of both the counsel appearing for the respondents 5 and 6 and the learned Government Pleader are recorded.
W.P.(Crl.)517/14 :3:
4. In the light of the above submission, it is crystal clear that the husband of the first petitioner is not available in India and he is not under the illegal custody of anybody. If that be so, no further orders are necessary in this writ petition. However, we make it clear that this judgment will not stand in the way of the petitioners in again approaching this Court as and when situation warrants.
In the result, this writ petition is dismissed.
Sd/-
(V.K.MOHANAN, JUDGE)
Sd/-
(K.HARILAL, JUDGE)
okb.