AI Structured Summary
Not yet generated for this judgment
Judgment
Pius C. Kuriakose, J.—The petitioner seeks a Writ of Habeas for the production of the body of V.S. Sithara claimed to be his finance from the alleged illegal detention of the first respondent her father. On considering the Writ Petition for admission we on 12/09/12 directed the Government Pleader who took notice on behalf of respondents 2 and 3 Police Officers to seek instructions from the Police Officers as to the correctness of the allegations. We further directed that a woman police constable be deputed to the house of the first respondent for meeting the alleged detenue and to interact with her. We issued notice on admission by special messenger to the first respondent who was directed to produce Sithara before this Court at 10.15 a.m. on 14/09/12.
The learned Government Pleader submitted on the basis of the instructions that as directed by this Court a woman police constable was deputed by the third respondent to the house of the first respondent who met the alleged detenue and interacted with her and found that the alleged detenue was not under any body''s illegal detention.
Smt. V.S. Sithara, the alleged detenue appeared before us. She told us that the allegation that she is being illegally detained against her wishes by the first respondent is absolutely incorrect. She is a free person. She submitted that there was a marriage proposal from the petitioner to her which did not materialise as members of her family were not acceptable to have the marriage in view of certain problems in the petitioner''s household.
The only question which we are called upon to decide in this Writ Petition is whether the alleged detenue Sithara is under the illegal detention of the first respondent. Having interacted with her we are obliged to decide that question against the petitioner. We dismiss this Writ Petition.