Mohanan, J.
The petitioner, who is the father of one Sharimol, preferred the above writ petition under Article 226 of the Constitution of India alleging that the daughter of the petitioner is under the illegal confinement of the 4th respondent. According to the petitioner, on 8/12/2014 his daughter went to his brother's house and she stayed there. However, when the petitioner reached his house at 9.00 a.m., after his rubber tapping work, his daughter was not available there and she was found missing. On further enquiry, he came to know that the 4th respondent has placed his daughter in custody. Consequently, he preferred a petition in the police station on the basis of which Crime No.588/14 was registered for woman missing, as evident by Ext.P1. It is the further grievance of the petitioner that though Ext.P1 crime was registered, no effective investigation was conducted and the petitioner's daughter is detained by the 4th respondent in his illegal custody. Therefore, it is prayed to W.P(Crl.).514/14 :2:
issue a writ of habeas corpus, thereby to release Ms. Sharimol from the illegal custody of the 4th respondent and to set her at liberty.
2. In terms of our order dated 12/12/2014, the daughter of the petitioner is produced before us and we have interacted with her. We have also interacted with the petitioner.
3. Ms.Sharimol, the alleged detenue, deposed before us that she is now aged 25 years and after completing her General Nursing course she is awaiting the result. It is also submitted by her that she is not under the illegal custody of anybody and she went along with the 4th respondent according to her desire since they were in love. It is also submitted by her that to legalise their relationship, they proposed to marry each other under the provisions of the Special marriage Act for which they have already moved an application on 28/12/2014 and accordingly a notice has already been published and the marriage is likely to solemnise on 8/1/2015.
4. When we interacted with the petitioner, he submitted before us that, he brought up his daughter with great expectation and without causing any pain to her. The W.P(Crl.).514/14 :3:
petitioner, who is a rubber tapping worker, though he had some agony under the above circumstances, particularly about the fate of his daughter, submitted before us that if his daughter has decided to marry the 4th respondent, let them have a happy life. As the detenue deposed before us that she is not under the illegal custody of anybody including the 4th respondent and particularly when she submitted that she decided to marry the 4th respondent as per the provisions of the Special marriage Act, we find no reason to proceed further under Article 226 of the Constitution of India. Since the daughter of the petitioner is not under the illegal custody of anybody, no order is warranted.
Accordingly, the above writ petition is closed.
Sd/-
(V.K.MOHANAN, JUDGE)
Sd/-
(K.HARILAL, JUDGE)
okb.