A spouse's desire to live away from the other, without illegal confinement, justifies dismissing a habeas corpus petition.

J U D G M E N T

Basant,J The petitioner has come to this court with this petition for issue of a writ of habeas corpus to search for, trace and produce Ms.Asna Shereef, who, the petitioner claims, is his legally married wife, they having got married under Ext.P1 certificate of marriage on 05/11/2008 under the provisions of the Special Marriage Act. This petition was filed on 07/09/2009. The same was admitted on 09/09/2009 and was posted to this date. Today when the case is called, the petitioner is present along with his father and his counsel. Respondents 2 and 3 are present along with their counsel. The 1st respondent appears through the same counsel.

2. As the alleged detenue comes from the custody of respondents 1 to 3, to ensure that she is not pressurised or influenced, we permitted her to remain in the chamber without being influenced by anyone. Later, we interacted with her in the chamber. Initially, the interaction was with the alleged detenue W.P.Crl No.364/09 2 alone. Later, we interacted with her in the presence of the petitioner and his father and respondents 2 and 3. Respective counsel and learned Government Pleader were also present. Ms.Asna Shereef asserts unambiguously that she is not under any illegal confinement or detention. She is aged 19 years, she having been born on 26/5/1990. She admits Ext.P1 certificate of marriage; but does not admit the validity of marriage thereby allegedly performed. It is submitted by the learned counsel for respondents 1 to 3 that O.P.No.881/2009 has already been initiated before the Family Court, Ettumanoor under Section 25 of the Special Marriage Act for an order declaring the alleged marriage performed under Ext.P1 to be null and void.

3. We are convinced from the totality of circumstances that the alleged detenue Ms.Asna Shereef is not under illegal detention or confinement by anyone. We respect her submission that she now wants to leave along with respondents 2 and 3. She wants to live with her parents. She is now a student. Having satisfied ourselves that the alleged detenue is not under illegal confinement or detention by anyone, we are satisfied that no further directions are necessary in this writ petition. It appears that the parties are interested in attempting a W.P.Crl No.364/09 3 harmonious settlement. As the matter is pending before the Family Court, Ettumanoor and both parties submit that it will be more convenient for them to appear for mediation/conciliation before the Family Court, they are directed to appear before the Family Court, Ettumanoor on 29/09/2009. The Family Court shall ensure that steps for mediation/conciliation are initiated in O.P.(Div) No.881/09 on that day.

4. In the result, this writ petition is dismissed. Ms.Asna Shereef is permitted to leave the court along with respondents 2 and 3 as desired by her.

5. Hand over copy of this judgment to both counsel.

(R.BASANT, JUDGE)

(M.C.HARI RANI, JUDGE)

jsr // True Copy// PA to Judge W.P.Crl No.364/09 4 W.P.Crl No.364/09 5

R.BASANT & M.C.HARI RANI, JJ.

.No. of 200 ORDER/JUDGMENT

29/07/2009