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High CourtsSingle Bench(2022) 04 KL CK 0157

Soman Pillai P vs Hashim

High Court Of Kerala · Decided on 29 April 2022

HON’BLE JUDGES
C.S.Dias, J · C. Jayachandran, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (CRL.) No. 365 Of 2022

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Judgment

8 paragraphs · 367 words

C.S.Dias, J.

1.

The Writ Petition is filed, seeking a writ of Habeas Corpus, to command the respondents 2 to 5 to produce the petitioner’s daughter named Sreeparvathy (the alleged detenue) before this Court.

2.

The petitioner’s case is that his unmarried daughter/alleged detenue is under the illegal confinement of the 1st respondent. The 1st respondent is married and has a three year old child. He is a person with criminal antecedents. The petitioner fears that his daughter would be abused by the 1st respondent.

3.

Pursuant to the order passed by this Court on 26.04.2022, the 3rd respondent – Station House Officer - has produced the alleged detenue before this Court.

4.

We have interacted with the alleged detenue at length. She has stated that she is residing with her friend in an apartment in Ernakulam and not with the 1st respondent as alleged in the writ petition. She also alleged that the petitioner and his wife are compelling her to marry a person against her will. The petitioner got the alleged detenue admitted to a mental hospital. Thereafter, she was sent to Haryana to live with her sister. She somehow managed to return to Ernakulam and she is now living with her friend.

5.

We have also interacted with the petitioner and his wife. The petitioner has stated that he has filed this writ petition just to ascertain whether the alleged detenue is in safe hands. However, he is not interested to take the alleged detenue with him.

6.

In the light of the statement made by the alleged detenue, that she is living with her friend in Ernakulam on her free will and volition, we do not find any case of illegal detention by the 1st respondent as stated in the writ petition. The alleged detenue has attained the age of majority. Following the law laid down by the Honourable Supreme Court in Shafiri Jahan v. Asokan K.M. and Others [AR 2018 SC 1933], the alleged detenue is free to live her life. We do not find any merit in this Writ Petition.

In the result, this Writ Petition is dismissed. The alleged detenue is at liberty to live her free and independent life.