High CourtsDivision Bench(2012) 09 KL CK 0022

Deepumon Nair vs Superintendent of Police Trissur District. Thrissur 680007, Sub Inspector of Police Viyoor Police Station Thrissur District. Thrissur 680007, Vettath Radhakrishnan Nair Varuna, Viyoor P.O, Thrissur 680007 and K.G. Shobhana

High Court Of Kerala · Decided on 5 September 2012

HON’BLE JUDGES
Pius C. Kuriakose, J · Babu Mathew P. Joseph, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (Criminal) No. 413 of 2012 (S)

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Judgment

3 paragraphs · 294 words

Pius C. Kuriakose, J.—The petitioner seeks a writ of Habeas corpus for production of the body of his love Anjana R. Nair, the daughter of respondents 3 and 4, on the allegation that against the wishes of Anjana R. Nair, she is illegally detained by respondents 3 and 4. On considering this writ petition for admission, this court issued a rule nisi to respondents 3 and 4 for production of Anjana R. Nair before this court. Accordingly, respondents 3 and 4 produced Anjana R. Nair, the alleged detenue, before us. We interacted with Anjana R. Nair in detail. She told us that the claim of the petitioner that he and she are deeply in love is true. But, she told us further that the allegation of the petitioner that she is being illegally detained by her parents-respondents 3 and 4 is incorrect. According to her, she is a free person. She told us that she intends to get married to the petitioner. But, she wants the marriage should take place with the blessings of her parents.

2.

After our interaction with Anjana. R. Nair, we talked to the parents. The parents told us that they will not impose any marriage on Anjana R. Nair against her wishes. We interacted with the petitioner also and he was apprised of what Smt. Anjana R. Nair and her parents told us. The only question that arises for decision in this writ petition is whether the writ sought for should be granted. We are of the view that in view of the facts revealed from our conversation with Anjana R. Nair, her parents and the petitioner, the above question can be answered only in the negative.

We dismiss this writ petition, however without any order as to costs.