Harilal, J.
This Writ Petition is filed under Article 226 of the Constitution of India with a prayer to issue a writ of habeas corpus directing the respondents 1 to 3 to search and produce the bodies of Zainab and Shafzan to order their release from the custody of 4th respondent.
2. In this petition, it is averred that the petitioner married Zainab, the daughter of 4th respondent on 12.08.2007 and a child by Shafzan was born to them on 29.09.2013 in that wed lock. After the marriage, they were residing happily with the child in UAE. While so, she was affected with meningitis and treated in a Christian Medical College, Vellore for a long period and she recovered from the said disease after prolonged treatment. However, the 4th respondent for reasons best known to him became enemical and hostile to the petitioner. He was trying to create situations to separate Zainab and her son from the petitioner. The 4th respondent took the petitioner's wife and child from petitioner's company claiming that they had to attend a marriage ceremony on W.P.(Crl.)No.506 of 2014 2 30/11/2014. But after the marriage ceremony, petitioner was not able to contact his wife and child. Though the petitioner went to his wife's parental home several times, he was not permitted to meet his wife and child. The petitioner's phone calls have gone unanswered. Thus the petitioner has every reason to suspect that the 4th respondent is illegally restraining his wife and child and he fears that their life and health are endangered. In the above circumstances, the petitioner has no remedy other than approaching this Court with the prayer as referred above.
3. We admitted the Writ Petition and issued notice to the 4th respondent and he was directed to produce his daughter and the grand child viz., Zainab and Shafzan before this Court on 18/12/2014 and respondents 1 to 3 were also directed to see that the 4th respondent has complied with the above direction.
4. Today the 4th respondent has appeared before this Court along with the detenues his daughter Zainab and grand child Shafzan. We interacted with all of them. The petitioner's wife Zainab equivocally submitted before us that she is not under the illegal detention of the 4th respondent as alleged by the petitioner. According to her she herself left out the company of the petitioner and she is not interested to continue her life with the company of W.P.(Crl.)No.506 of 2014 3 the petitioner. The said decision was taken on her own volition and the father has not influenced her to take such a decision. Her life along with the petitioner was so miserable, intolerable and conducive to take such decision to part from him. When we interacted with the petitioner he expressed his desire to get the company of his wife and child. But we are unable to compel the petitioner's wife to go along with the petitioner so as to resume the family life.
In the above circumstances, we are satisfied with the petitioner's wife Zainab and child Shafzan are not under the illegal detention of her father the 4th respondent herein. When the detenue herself unequivocally expressed her desire to go with her father, this court lacks Jurisdiction to pass any order in exercise of the jurisdiction under Article 226 of the Constitution of India. Consequently this Writ Petition will stand dismissed.
Sd/-
V.K. MOHANAN, JUDGE Sd/-
K. HARILAL, JUDGE rkj