Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 2014
  6. /
  7. January

Syam Kumar vs Sub Inspector Of Police

High Court Of Kerala|08 December, 2014
|

JUDGMENT / ORDER

Mohanan, J. The above writ petition is filed claiming that one 'Radhika.M.' is the wife of the petitioner and it is alleged that she is under the illegal confinement of the respondents 2 and 3, who are none other than the parents of the said Radhika. Therefore, it is prayed to issue a writ of habeas corpus or any other appropriate writ, order or direction commanding the respondents to produce the petitioner's wife Radhika before this Court and release her from the illegal detention and wrongful confinement of the 2nd and 3rd respondents or any other person claiming under him.
2. When the above writ petition came up for consideration on 3/12/2014, this Court directed the police to ensure that the alleged detenue is traced out and also issued a rule nisi calling upon the respondents 2 and 3 to appear before this Court on 5/12/2014 to show cause why such order should not be made and also directed them to produce in court the alleged detenue.
3. When the matter is taken up today, the detenue is produced by the 2nd and 3rd respondents.
4. We have heard the learned counsel appearing for the petitioner and the learned Additional Director General of Prosecutions. We have also interacted with the petitioner as well as the said Radhika, the alleged detenue.
5. during our interaction with the detenue, she submitted before us that she was in love with the petitioner and their marriage was solemnized on 22/11/2014. But, at present, she wants to go along with her parents, the respondents 2 and 3, and she has also stated before us that she is not under the illegal custody of the respondents 2 and 3 or any other person. According to her, she is now a second year B.Sc. Nursing student studying in B.Sc. Nursing College at Pulpally and she wants to continue her studies. The petitioner, when we interacted with him, submitted before us that the detenue was forcibly sent along with the 2nd and 3rd respondent by the 1st respondent, though the detenue was reluctant to go along with her parents.
6. In a proceeding under Art.226 of the Constitution of India, this Court is not expected to conduct any further enquiry when the alleged detenue submitted before us that she is not under the illegal custody of anybody. We are not concerned with the correctness or otherwise of the marriage allegedly taken place between the petitioner and the said Radhika. As the detenue is not interested to go along with the petitioner and she wants to go along with the respondents 2 and 3 and when she submitted that she is not under the illegal custody of anybody, no further orders are necessary in this proceeding and this writ petition can be closed.
In the result, this writ petition is closed, as no further orders are warranted.
Sd/-
(V.K. MOHANAN, JUDGE) Sd/-
(K. HARILAL, JUDGE) Nan/ //true copy// P.S. to Judge
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Syam Kumar vs Sub Inspector Of Police

Court

High Court Of Kerala

JudgmentDate
08 December, 2014
Judges
  • V K Mohanan
  • K Harilal
Advocates
  • Kum
  • D Mini Rajan