Mohanan, J The petitioner, who claimed that he is the married husband of one Ms. Muhasina, daughter of the respondents 4 and 5, alleging that the said Muhasina is under the illegal custody of respondents 4 and 5, approached this Court by filing the above Writ Petition under Article 226 of the Constitution of India praying, inter alia, to issue a writ of Habeas Corpus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to produce the petitioner's wife Ms.Muhasina before this Court from the illegal custody of the respondents 4 to 8 and their relatives and set her at liberty to go along with the petitioner.
2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents 4, 5, 7 and 8.
3. This Court, by order dated 22-1-2014, directed the Government Pleader to get instruction and, accordingly, when the matter was taken on 29-1-2014, the statement of the detenue was made available by which she stated that she left the matrimonial home on account of her disagreement with the petitioner's involvement in Thariquath movement. The Bench W.P(Crl).32/14-S :2:
recorded that she has also made clear that once the petitioner gives up his association with the aforesaid movement, she would join with him and resume cohabitation. That being the position, by order dated 29-1-2014, this Court sent the matter for mediation to find out settlement. Adv. Sri. Baby George N., Ernakulam Mediation Centre, by his report dated 14-3-2014, informed this Court that though mediation was carried out, the matter was not settled.
4. In view of the order of this Court dated 29-1-2014, in which it is stated that the detenue as per her own statement declared that she voluntarily left the matrimonial home, no argument is advanced against the above stand of the detenue. In the light of the above facts and circumstances, it is revealed that the detenue is not under the illegal custody of anybody including respondents 4 to 8 and their relatives. If that be so, no further orders are necessary in the above Writ Petition.
Accordingly, the Writ Petition is closed.
Sd/-
(V.K.MOHANAN, JUDGE)
Sd/-
(K.HARILAL, JUDGE)
okb.