A Writ of Habeas Corpus requires proof of illegal detention, which was not established in this case.

JUDGMENT

Ziyad Rahman A.A., J. This Writ Petition is filed by the petitioner

praying for issuance of a Writ of Habeas Corpus directing respondents 1 to 4 to produce the body of Smt.Asha Dominic, aged 32 years before this Court and set her at liberty. According to the petitioner, the alleged detenue who is his wife is under illegal detention of the 5 th respondent.

2. The marriage between the petitioner and the 5 th respondent was solemnized on 3.1.2008 as per Christian religious rites. In the said wedlock, three children were born to them and they were residing together. The 5 th respondent is the half brother of the alleged detenue ie. the son of the father of the alleged detenue born in different mother. It is the case of the petitioner that the 5 th respondent enticed the alleged detenue and had taken her away. It is pointed out that, at the moment, the whereabouts of the alleged detenue is not known to the petitioner and it is apprehended that, she is under illegal detention of the 5 th respondent.

3. When the Writ Petition came up for admission on 7.1.2022, we passed an order directing the Station House Officer, Kalamassery or the Station House Officer, Palarivattom whoever has jurisdiction over the place of residence of the 5 th respondent, to inquire into the matter and to file a report as to the whereabouts of the alleged detenue. In compliance of the said direction, a report was made available before us by the Senior Government Pleader along with a statement of the alleged detenue recorded by a woman police officer attached to Kalamassery Police Station. On going through the aforesaid statement, it can be seen that, the alleged detenue denied the illegal detention as alleged in the Writ Petition. According to her, while she was living along with the petitioner and the children, on 12.12.2021, she alone was taken to a residence at Vazhakkala and abandoned. Thereafter, the petitioner is not looking after her, nor is she allowed to see the children. As she has no other means for survival, she is working in a textile shop at Thrikkakara. It is also stated that, the 5 th respondent is her younger half brother and he has made necessary arrangements for her residence. The employment which she is engaged in is with the knowledge of her family members at Wayanad. It is asserted by her that, she is not under any illegal detention.

4. On going through the contents of the aforesaid statement, it is evident that, the alleged detenue is not under any illegal detention as alleged by the petitioner. The aforesaid statement indicates some matrimonial disputes between the petitioner and the alleged detenue. A Writ of Habeas Corpus can be issued only in a case where it is established that the person concerned is under any illegal detention. There are no materials to indicate such illegal detention in this case. In such circumstances, we are of the view that, no case is made for issuance of a Writ of Habeas Corpus.

Thus, we do not find any merit in this Writ Petition and accordingly, it is dismissed.