IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 292 of 2009(S)
1. P.K.KUMARI, AGED 50 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE SUPERINTENDENT OF POLICE,
3. THE CIRCLE INSPECTOR OF POLICE,
4. JIJU VARGHESE, S/O. PONNACHAN,
5. PONNAMMA, W/O. RAJAN @ PUTHOOR RAJAN,
6. RAJAN @ PUTHOOR RAJAN,
7. BYJU, S/O. PONNACHAN,
8. JINI VARGHESE, S/O. PONNACHAN,
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :SRI. K.SHAJ
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :18/08/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P(Crl.) No.292 of 2009
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Dated this the 18th day of August, 2009
JUDGMENT
BASANT, J.
The petitioner has come to this court for issue of a writ of
habeas corpus to search for, trace and produce her daughter
aged 30 years, Beena by name. The 4th respondent is the
husband of Beena. Beena was living along with her husband; but
she was found missing from 10/05/2009. The petitioner lodged
a complaint and a crime was registered at the Konni police
station on 22/7/2009. She was not traced. It is, in these
circumstances, that the petitioner/mother came to this court with
this petition.
2. This order must be read in continuation of the earlier
orders dated 28/7/02009 and 03/08/2009. Today when the case
was called, the petitioner and her counsel are present. The
alleged detenue Beena is also present before court.
3. It is submitted that the police had traced the alleged
detenue Beena and had produced her before the learned
Magistrate. The learned Magistrate had, after ascertaining her
response, permitted her to go with the petitioner. We allowed
W.P.(Crl) No.292/09 2
Smt.Beena to remain in the chamber uninfluenced by anyone.
After 1.45 p.m, we interacted with her in the chamber. She
states before us that she is not under detention or confinement
by anyone. According to her, unable to stand the mental and
physical cruelty inflicted on her at her matrimonial home, she
had come away from her matrimonial home and had taken up
employment as a maid servant in a house at S.R.M.Road in
Kochi. She is now residing along with her mother. She does not
want to go with the 4th respondent, her husband Jiju. The
Investigating Officer reports that the said Jiju has been arrested
and is now in judicial custody. He has been arrested on the
allegation of matrimonial cruelty against the alleged detenue.
4. We are now satisfied from the statement made by the
alleged detenue before us that she is not under confinement or
detention by anyone and that she now wants to return along with
her mother, the petitioner herein. We are not expressing any
opinion on the allegations raised by the alleged detenue against
her husband. But we are satisfied that this writ petition can be
allowed and the alleged detenue, who is present before court,
can be permitted to leave the court along with her mother, the
petitioner herein.
W.P.(Crl) No.292/09 3
5. The alleged detenue prays that she may be permitted
to meet her children, who continue to be with the 4th respondent.
We are not satisfied that any specific directions need now be
issued. The alleged detenue can approach the Family Court or
other appropriate forum for enforcement of her rights, if any, in
respect of her children who are now with the 4th respondent.
6. The 4th respondent and his counsel are not present
when the case was called after 1.45 p.m at the chamber. This
writ petition is accordingly allowed to the above extent and the
alleged detenue is permitted to leave the court along with her
mother, the petitioner herein.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr
// True Copy// PA to Judge