ANTONY DOMINIC, J. The petitioner has filed this Writ Petition alleging that he married to Soumy, whose parents are respondents 4 and 5, and that they have a two year old male child in that wedlock. He says that he is employed abroad and that his wife and child are now residing with respondents 4 and 5. It is stated that on his arrival in the country, when he tried to take his wife and child to his house, the 5th respondent objected and that since then, the wife and child are remaining inaccessible to him. It is further stated that it is only on account of the fact that they are being kept under illegal confinement by respondents 4 and 5. With this allegation, he has filed this Writ Petition with a prayer to issue a writ of habeas corpus to set his wife and child at liberty.
2. On the filing of the Writ Petition, this Court by order dated 5.6.2014 directed the learned Government Pleader to obtain w.p.crl.236/14 - : 2 :-
instructions in the matter. Accordingly, a report has been obtained from the 3rd respondent, who also got a statement of the petitioner's wife recorded. Today when the matter was taken up, the learned Government Pleader made available to us the said report and the statement. These materials show that after the marriage, the petitioner went abroad leaving his wife and child in his house, where apart from his mother, his other siblings are also residing. It is stated that his wife's life in the matrimonial home was not peaceful and that the petitioner himself used to torture her. This was continued several times and according to her, it was according to her request, her mother took her to her parental home. It is further stated that thereafter no attempts were made to normalise the relationship. She has stated that she has filed a case against the petitioner at Punalur and in the Family Court, Kottarakkara, which, the learned counsel for the petitioner confirms is for divorce.
Evidently that this is not a case where respondents 4 and 5 are keeping the petitioner's wife and child in detention. On the other hand, from the materials available, the only conclusion that is possible is that his wife and child are residing with respondents 4 and 5 voluntarily. That apart, she has applied for divorce against the w.p.crl.236/14 - : 3 :-
petitioner. In such circumstances, we are not in a position to think that this is a case of illegal detention justifying the maintenance of this Writ Petition. Accordingly, the Writ Petition is closed.
Sd/-
ANTONY DOMINIC, JUDGE Sd/-
sdk+ ALEXANDER THOMAS , JUDGE ///True copy/// P.S. to Judge