LAWS(KER)-2010-12-200

JISHITHA Vs. STATE OF KERALA

Decided On December 21, 2010
JISHITHA,D/O.BABU Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) HEARD. Allowed. Carry out the correction. Petitioner herein is the wife of the alleged detenu. It is her case now that the alleged detenu is being illegally detained by respondents 5 to 7 - her mother in law, brother in law and sister in law. Her prayer is that a writ of habeas corpus may be issued commanding the production of the alleged detenu, her husband, who is now said to be under the illegal detention and confinement of respondents 5 to 7.

(2.) WE perused the records. WE heard the learned counsel for the petitioner. It is admitted that the petitioner had, as early as in 2008, filed M.C.No.307 of 2008 and O.P.786 of 2008 before the Family Court. M.C.No.307 of 2008 has already been ordered and the alleged detenu has been directed to pay maintenance under Section 125 Cr.P.C. The proceedings for execution of that order is admittedly pending.

(3.) WE are satisfied that there is not a semblance of satisfactory circumstances to suggest or indicate the possibility of illegal detention of the alleged detenu by respondents 5 to 7. WE are satisfied, in these circumstances, that this Writ Petition need only be dismissed.