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Judgment
K.S. Hemalekha, J
In the first hour when the matter was taken up learned AAG Smt. Vidyavathi learned counsel for the respondent Nos.1 to 3 mentioned to the Bench that, the detenue is in police custody and would be produced before the Court, taking note of the submission of learned AAG the matter was passed over and on the detenue being produced before the Court by Shobha S. Kambi Women Police Sub-Inspector, Subarban P.S. Dharwad the matter is taken up.
Heard.
In the present petition, petitioner is seeking for writ of habeas corpus directing the respondent Nos.4 and 5 to release the detenue from the illegal detention and to join the matrimonial house of the petitioner.
It is a case of the petitioner that, though the complaint was sought to be registered before the jurisdictional police, the police have not taken any steps or action until today. It is a case of the petitioner that, the petitioner is the husband of the detenue and the respondent Nos.4 and 5 being the father and brother of the detenue have wrongfully confined and detained her.
We enquired with the detenue and she voluntarily stated that, she has not been wrongfully confined or detained by respondent No.4 or respondent No.5 and she is residing in her parental house as per her own will and wish.
The statement of the detenue is taken on record.
Writ of habeas corpus can be issued if there is any illegal detention by the State or by any private individual. In the present case, in view of the specific assertion made by the detenue that she has not been wrongfully confined, more particularly by respondent Nos.4 and 5, the dispute as could be gathered from the petition averments appears to be of a matrimonial nature, the detenue being major aged about 30 years, the present petition would not be sustainable. However, it is always open for the petitioner who claims to be the husband of the detenue to avail appropriate remedy, if so advised, in accordance with law. Accordingly, this Court pass the following;
ORDER
The writ petition(HC) is disposed of with the above observation.