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Judgment
K.M. Joseph, J.—The Writ Petition is filed mainly with the following prayers:
(i) Issue a writ of habeas corpus or any other appropriate writ, order or direction, commanding the 2nd and 3rd Respondents to produce the body of the detenue by name Thahira before this Court, and set her at liberty.
(ii) To declare that the detention of the detenue is illegal and violative of the fundamental rights.
Briefly put the case of the Petitioner is as follows:
The Petitioner and the alleged detenue were close friends. Later, their marriage was proposed. However, there were differences between two family members and the 4th Respondent, the father of the alleged detenue, was not willing to marry off the detenue to the Petitioner. Later on, the detenue married one Zakhier Hussien.
Allegations are made to the effect that the life of the alleged detenue was made miserable in the matrimonial home, at the hands of her husband. The Petitioner is now well settled in Dubai. While so, he got an e-mail from the detenue. He came to know from his friends that the 4th Respondent is taking steps to marry off the alleged detenue against her wishes. In order to meet his demands, the 4th Respondent is threatening the alleged detenue and she is put under house arrest and the 4th Respondent is not providing food and water to the detenue.
When the matter came up, we had issued notice. The 4th Respondent would essentially deny the allegations.
We directed a discreet enquiry to be conducted. Today, when the matter came up, learned Government Pleader made available the statement of the detenue. She would say that she was not happy with the marriage with Zakhier Hussien and that she is under observation.
There is a subsisting marriage between the alleged detenue and Zakhier Hussien. There is no case that the said marriage has been dissolved. Even if be that the detenue is interested in living with the Petitioner, this Court cannot be made a medium for attaining the said objective. Therefore, we close the Writ Petition.