IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 432 of 2010(S)
1. G.GOPAKUMAR , S/O.GOPALAKRISHNA PILLAI,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,KALLAMBALAM
... Respondent
2. VIBIN @ KOCHI, S/O.SARALA KUMARI,
For Petitioner :SRI.DENIZEN KOMATH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :29/11/2010
O R D E R
R.BASANT &
K.SURENDRA MOHAN, JJ.
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WPCR No.432 of 2010
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Dated this the 29th November, 2010
JUDGMENT
Basant, J.
The petitioner has come to this Court through his power
of attorney holder and mother with this petition for the issue of
a writ of habeas corpus to search for trace and produce his
wife Arsha R.Nair, aged about 24 years (date of birth –
31/5/1986).
2. The petitioner and the alleged detenue Arsha R.Nair
are married. Their marriage was solemnised and registered on
6.3.2009. They had resided at various places. Finally, they
were residing at Vishakapattanam. One child was born in the
wed lock. From 15.7.2010, the alleged detenue – wife of the
petitioner was missing along with the child. It is in these
circumstances that the petitioner came to this court with this
petition on 3.11.2010.
3. This petition came up for admission hearing on
4.11.2010. The Bench was not pleased to admit the writ
WPCR No.432 of 2010 2
petition. Notice was not ordered. But the learned Government
pleader was requested to take instructions and make
submissions to enable us to decide on the question of
admission. The matter was posted to this date.
4. Though the petition has not been admitted and no
directions were issued to the alleged detenue to appear before
Court today, the alleged detenue is physically present before
this Court today along with her child Devina, aged ten months.
The petitioner is not personally present. His power of attorney
holder – his mother Savithri amma is present.
5. We interacted with the alleged detenue. The alleged
detenue states that she is not under any illegal detention or
confinement. She is absolutely free. She has come to her
native place and is residing with their mother at
Vadasserikonam, Kallambalam, Varkala, Thiruvananthapuram
District along with their daughter Devina and her son Ashik,
born prior to the marriage with the petitioner. She states that
she is not under illegal detention and that she has valid
reasons to stay away from the petitioner. The power of
attorney of the petitioner states that the petitioner is presently
employed in Africa.
6. In a petition for the issue of a writ of habeas corpus,
WPCR No.432 of 2010 3
we are primarily concerned with the question whether the
alleged detenue is under any illegal detention or confinement.
We are satisfied in the facts and circumstances of the case that
the alleged detenue is not under any illegal detention or
confinement. The power of attorney holder of the petitioner
prays that opportunity may be given for her to interact with
the child of the petitioner.
7. We are satisfied that the alleged detenues – the wife
and daughter of the petitioner, are not under any illegal
detention or confinement. We are satisfied that no directions
need be issued under Article 226 of the Constitution now. If
the petitioner himself or his power of attorney holder i.e. the
grandmother of the child wants to seek custody/visitorial rights
of the child, they shall be at liberty to initiate proceedings
before appropriate court. The alleged detenue states
categorically that she has no objection whatsoever against the
grandmother of the child, i.e. the power of attorney holder of
the petitioner visiting and interacting with the child at any
convenient time at her residence at Varkala. We record that
submission. We are satisfied that no further directions are
necessary in this writ petition.
8. This writ petition is accordingly dismissed. We permit
WPCR No.432 of 2010 4
the alleged detenue Arsha R.Nair to leave the court along with
their child freely as desired by her.
R.BASANT
JUDGE
K.SURENDRA MOHAN
JUDGE
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