A writ of habeas corpus cannot be granted when there is no evidence of illegal detention or negligence by authorities in seeking a missing individual, especially with a history of mental illness.

JUDGMENT :

ANU SIVARAMAN, J.

1. The Writ Petition is filed by the petitioner seeking for issuance of a writ of habeas corpus to respondents No.2 to 7 to produce the wife of the petitioner named Smt. Vijaya Shanthi before this Court and handover her to him.

2. We have heard Shri. Kanishk Ravindran, learned counsel appearing for the petitioner and Shri. P. Thejesh, learned High Court Government Pleader appearing for the respondents.

3. It is submitted by the learned counsel appearing for the petitioner that the petitioner and his wife were lawfully wedded and their marriage was solemnized in accordance with Christian marriage rites on 19.05.2016. The petitioner, his wife and 2 children are residents of Kolar and Bengaluru. The petitioner's wife was mentally ill having high risk behavior, impaired judgment, self-harming, impulsive behavior and depression and she was diagnosed with:

i) Recurrent Depressive Disorder, Moderate Depression with Somatic Syndrome.

ii) Emotionally Unstable Personality Disorder, Impulsive Type.

4. It is also submitted that Keethavanan, along with his family members had allegedly abducted and wrongfully confined the petitioner's wife while she was undergoing treatment for mental illness. This case is pending under trial before II Additional Civil Judge and JMFC, Kolar Gold Fields.

5. It is further submitted that while returning from routine psychiatric consultation on 4^th July, 2023 she jumped off the bike and ran into Viveknagar Police Station, alleging domestic violence and upon investigation no signs of domestic violence was found. On the same day, she was admitted to the Female General Psychiatry Ward at St.John's Hospital and was discharged on 6^th July, 2023. She ran from the hospital gate to the Emergency Department but the petitioner was denied re-admission by the Medical Social Worker, who directed the petitioner to return in the morning. She was later found roaming near the hospital canteen in the midnight and went missing when the petitioner went to fetch his bike.

6. It is contended by the learned counsel appearing for the petitioner that the petitioner's wife did not receive appropriate treatment and counseling during in-patient psychiatry admission and there was medical negligence on the part of the hospital and that the Medical Social Worker let her out in the midnight without proper attention and care knowing about her mental condition.

7. It is further submitted that the Hoysala Police located her at a nearby hostel and took both of them to the Viveknagar Police Station at around 2:00 AM. Despite informing police about his wife's mental condition the petitioner was detained, his phone and belongings were confiscated. The petitioner's wife was escorted away by a male constable at 3:30 AM and she never returned from then. A missing complaint was filed on 8^th July,2023 and a WPHC No.82/2023 was filed before this Court on 18^th August, 2023. It is contended that the Police submitted a false Status Report misleading the Court that the wife had eloped. The Writ Petition was closed on 04.09.2023, keeping in view of the history of the petitioner wife's conduct of being eloped twice with a person by name Keethavanan and with liberty to file a fresh petition based on the investigation.

8. It is further submitted that the petitioner searched extensively across multiple locations in Karnataka, Tamil Nadu, Andhra Pradesh, including St. John's Hospital but could not trace her whereabouts for the past 18 months and could not get any assistance from the police. The petitioner submits that the children's education and mental we