RAMLA P.P. Vs. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE CITY KOZHIKODE

JUDGEMENT

(1.) THIS writ petition is filed with a prayer to call for the records leading to Ext.P1 and to direct the respondents 1 to 5 to take immediate action and to find out and produce the body and person of Sri.Aseez N, the husband of the petitioner before this Court and to release him from illegal custody and to set him at liberty by issuing a writ of Habeas Corpus or any other appropriate writ, direction or order. According to the petitioner, she is residing alongwith the above mentioned Aseez N., the marriage with whom had taken place during the month of August 2007 as per the Sunni religious practices of Islam and the marriage was registered at Poovathuparamb Alumpilakkal Juma -at Mosque Poovathuparamba. According to the petitioner, the relatives of the said Aseez N. did not co -operate with the marriage and they were hostile towards the petitioner as well as the said Aseez N. It is the further case of the petitioner that the said Aseez N. had left on 10.6.2012 to attend his job at Medical College but he did not return thereafter. It is the further case of the petitioner that the said Aseez N., the husband of the petitioner is under the illegal custody of respondents 6 and 7 and therefore the petitioner approaches this Court. When the above writ petition came up for consideration on 22.8.2008, this Court admitted the writ petition on file and issued notice. Notice by special messenger was ordered to respondents 6 and 7 and also directed them to appear before this Court and to produce the detenue, namely Aseez N., before this Court on this date. Thus when the matter is taken up today, the alleged detenue, namely Aseez N., appeared before us. Though the counsel for the petitioner present, the petitioner is not seen present in person and according to her counsel, there was nobody to accompany her from Calicut to Kochi to appear before this Court and therefore the counsel seeks an adjournment of the case and a posting after Onam vacation so as to find out any possibility to settle the matter. We interacted with the detenue Aseez N. who told before us that the petitioner suppressed certain material facts before the marriage and he realised those facts after the marriage and he is not interested in the company with the petitioner. He has also stated before us that he is not under the illegal custody of anybody, including respondents 6 and 7 and he does not want to go with the petitioner or her company. From the above statement of the detenue, we are of the opinion that he is not under the illegal custody of anybody and he can be set at liberty. We have no hesitation to observe that if the petitioner wants to get the company of said Aseez N., who is allegedly the husband of the petitioner, can approach the Family court and invoke appropriate provisions and she can seek matrimonial relief in accordance with law. Subject to the above observation, this writ petition is dismissed as the alleged detenue is not in illegal custody of anybody.