Couple granted divorce after habeas corpus petition

The petitioner K Dhanapal married Ishwarya on November 2, 2014 in a temple. Subsequently, a girl baby was born to them on September 26, 2018. Upon finding his wife and the child missing, he filed a police complaint on September 27, 2018, claiming that they were kidnapped by one Jayakumar.

Since no proper investigation was done to trace his wife, the petitioner approached the court by way of an habeas corpus petition. However, a division bench comprising Justices N Kirubakaran and Abdul Quddhose, which heard the case said: “When enquired, Ishwarya categorically stated that she went away with Jayakumar on her own will as the marriage with the petitioner was forced on her.”

Noting that she has gone to the extent of saying that the child was not born to the petitioner but to Jayakumar, the judges said: “The categorical statements made by the petitioner as well as Ishwarya would make it clear that she is not interested in going along with her husband and is interested only in living with Jayakumar.”

“A memo of compromise would also show that there is no possibility of reunion,” the bench said, granting divorce to the duo.