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1975 Supreme(Ker) 197

P.GOVINDA NAIR, T.KOCHU THOMMEN
SOMANATHAN – Appellant
Versus
UMAITHLAL SHAH – Respondent


Judgment :-

1. This is a petition by a person who is said to be in love with the third respondent for the issue of a writ of habeas corpus "directing the first respondent to release the third respondent from his illegal custody and to direct that she be set at liberty."

2. In Para.3 of the petition a reference is made to a letter dated 26th March 1975, said to have been written by the third respondent to the petitioner in Hindi, Ext. P-1, and it is stated that the third respondent had mentioned in the letter "that her father, the 1st respondent, has actually imprisoned her in the house". In Para.4 there are the following averments:

"But on 16th August 1975 suddenly the 3rd respondent was taken by the 1st respondent with the connivance of the 2nd respondent to their ancestral home in Gujarat. The petitioner was expecting that they would return soon. But now it is reliably informed that the 3rd respondent is in illegal custody of the 1st respondent. It is all being done under the instructions of the 2nd respondent who is even now staying in Cochin. In fact practically the 3rd respondent is imprisoned by the 1st respondent in Bhuj, Cutch. She is not free to move about according to her o











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