High CourtsDivision Bench(2021) 05 KL CK 0154

K. Vishnu vs Sunil N And Ors

High Court Of Kerala · Decided on 14 May 2021

HON’BLE JUDGES
Raja Vijayaraghavan V, J: M.R. Anitha, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (Crl) No. 134 Of 2021

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Judgment

15 paragraphs · 311 words

Raja Vijayaraghavan V, J

1.

This writ petition is filed seeking for the issuance of a writ of Habeas Corpus to produce the body of Sneha.N, the daughter of the 1st respondent,

who according to the petitioner is his wife. He contends that the marriage between Sneha and the petitioner was solemnized on 29.3.2021 and reliance

is placed on Exhibit P1 certificate. The grievance of the petitioner is that the aforesaid Sneha is being illegally detained by the 1st respondent against

her will.

2.

By order dated 11.5.2021, we had directed the 4th respondent to ensure that Sneha is not being subjected to any physical or mental harm. We had

also directed the 4th respondent to take steps to ensure that the alleged detenu gets an opportunity to interact with us.

3.

Today, when the case was taken up, Sneha appeared before us through video conferencing. We interacted with the young lady. She stated that she

is pursuing Bakery and confectionery course and is presently residing with her uncle, as her father, the 1st respondent herein, is working abroad. She

stated that she is not being illegally detained by any person and that the assertions made by the petitioner in the writ petition is not correct. After

interacting with Sneha, we are satisfied that she is a well educated girl who is capable of taking decisions on her own.

4.

No one disputes the fact that Sneha is a major girl. The disclosures made by her before us reveal that she is not illegally detained either by her

father or anybody else. The only question to be probed into by this Court in a petition of this nature is whether Sneha is illegally detained. On facts, we

are satisfied that there is no illegal detention as alleged by the petitioner.

Therefore, the writ petition cannot be entertained and is accordingly dismissed.