High Court Kerala High Court

Bindu vs Sajilal Vasudevan on 8 October, 2009

Kerala High Court
Bindu vs Sajilal Vasudevan on 8 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl.).No. 306 of 2009(S)


1. BINDU,D/O.KAMALASANAN,
                      ...  Petitioner

                        Vs



1. SAJILAL VASUDEVAN,S/O.VASUDEVAN,
                       ...       Respondent

2. VASUDEVAN,FATHER'S NAME NOT KNOWN,

3. COMMISSIONER OF POLICE,KOCHI CITY.

4. THE CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  :SRI.SUSHANTH.J.

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :08/10/2009

 O R D E R
               R.BASANT & M.C.HARI RANI, JJ.
         --------------------------------------------------
                  W.P.(Crl.)No.306 OF 2009
       -----------------------------------------------------
           DATED THIS THE 8th DAY OF OCTOBER, 2009

                         J U D G M E N T

Basant, J.

The petitioner has come to this Court with this petition for

issue of a writ of habeas corpus to search for, trace and produce

her daughter Ms.Anjana Bharathan, a girl aged about 19 years.

The petitioner is now aged 40 years. 6th respondent was the

husband of the petitioner. He is the father of the alleged

detenue. The relationship between the petitioner and the 6th

respondent has ended in divorce, though it is submitted that they

maintain a good relationship between each other, even now.

According to the petitioner, the alleged detenue was residing with

her. Respondents 1 and 2 are their neighbours. At the time of

divorce of the petitioner, she was facing difficulties and help and

assistance was offered by respondents 1 and 2. They are son

and father. 1st respondent became friendly with the family.

According to the petitioner, there is a distant relationship

between respondents 1 and 2 and the petitioner.

W.P.(Crl.).No.306/09 2

2. According to the petitioner, she found improper

relationship between the alleged detenue and the first respondent

and she hence took the alleged detenue to the house of the 6th

respondent at Chengannur. The alleged detenue was allegedly

taken away by the first respondent from there and she was

admitted to Asha Kendra Ladies Hostel, South Janatha Road,

Palarivattom. The petitioner permitted the alleged detenue to

continue in that hostel. According to the petitioner, the alleged

detenue is not available in the said hostel and she is allegedly

detained and confined by the first respondent. It is in these

circumstances that the petitioner came to this Court with this

petition on 3.8.2009.

3. The petition was admitted on 4.8.2009. The matter

has been adjourned from time to time. This judgment must be

read in continuation of the orders passed by this Court resting

finally with the order dated 1.10.2009.

4. The alleged detenue appeared before Court. The first

respondent also appeared before Court. The second respondent ,

W.P.(Crl.).No.306/09 3

a person aged 70 years appeared before Court through counsel.

The same counsel appears for the 1st respondent also. Later, the

5th respondent, who runs the Asha Kendra Hostel was also

arrayed as a respondent. She has appeared before Court

through counsel. She states that it is true that the alleged

detenue is residing in the hostel run by her. According to her,

the alleged detenue is not guilty of any improper behaviour. She

follows the rules of the hostel satisfactorily. It is not correct to

say that she has not been returning to the hostel on many nights.

It is the case of the 5th respondent that the alleged detenue

observes the rules of the hostel satisfactorily.

5. We have interacted with all the parties in the

Chamber. We have interacted with the petitioner, the alleged

detenue and the first respondent. The learned counsel for

respondents 5 and 6 have also participated in the interactions.

The learned counsel for respondents 1 and 2 and the learned

Government Pleader were also present.

6. The first respondent who was initially appearing before

W.P.(Crl.).No.306/09 4

Court, later sought the permission of the Court to be

represented by his counsel as he had to leave to the US, where

he has business interests. Thereafter he was represented by the

counsel for respondents 1 and 2. The alleged detenue refuses to

return with the petitioner. She advances various reasons for the

same. We are not convinced of the reasons so stated. But we do

not want to advert to them in detail. According to her, she must

be permitted to continue in the hostel run by the 5th respondent.

She submits that she has not acted improperly,immorally or

amorally. In these circumstances, there is no need whatsoever

to insist on shifting her residence from her present hostel to

anywhere else. She asserts that she wants to complete her

studies, take up employment and lead an independent life of her

own.

7. The first respondent took up the stand that he has

been helping the family of the petitioner to tide over their

difficulties. He asserts that he is willing to finance the education

and accommodation of the alleged detenue. So long as she

W.P.(Crl.).No.306/09 5

wants to study, he is willing to meet the expenses for the same.

This, he is willing to do, because of his prior commitments and on

account of philanthropic motives. He has no objection against

the alleged detenue shifting her residence with the petitioner or

to the ancestral house of the 6th respondent or to any other

hostel. If the alleged detenue is willing for the same, she may be

permitted to do so, submits the 1st respondent and his counsel.

8. The petitioner and the 6th respondent submitted that

continuance of the alleged detenue in the Asha Kendra Ladies

Hostel would not be conducive to the interest of the alleged

detenue, a young woman aged about 19 years. It is agreed by

all concerned that the alleged detenue was born on 9.2.1990.

Though, the 5th respondent disputes that, the petitioner as also

the counsel for the 6th respondent express the apprehension that

the alleged detenue may go astray and shall not be in a position

to lead a proper and healthy life in the Asha Kendra Hostel. They

raised a grievance that the 1st respondent has been taking her

out from the Hostel and they are seen behaving improperly. The

W.P.(Crl.).No.306/09 6

alleged detenue and the 1st respondent do not deny the fact that

they have been interacting with each other. The first respondent

stated before us that he does take the alleged detenue to

restaurants and to the cinema theaters. But, according to the

first respondent and the alleged detenue, there is absolutely no

impropriety or immorality in the relationship between them. To a

specific question put by the Court, they stated categorically that

at the moment they have taken no decision to enter into a long

standing marital relationship. They do not deny such possibility

in future.

9. The learned counsel for the 6th respondent submits

that the 6th respondent is willing to meet the educational and

residential expenses of the alleged detenue. She can join any

respectable hostel and the 6th respondent shall meet all the

expenses for the same, asserts the 6th respondent through his

counsel. The 6th respondent shall pay the amounts necessary in

advance. He shall make deposit of the amounts, if that is

necessary. He is willing to do anything to ensure that the alleged

W.P.(Crl.).No.306/09 7

detenue does not continue in the Asha Kendra Ladies Hostel and

shifts her residence with the petitioner, to his ancestral house or

to any other respectable hostel.

10. In our anxiety to ensure that the parties try a

harmonious settlement, we have suggested many alternatives

and have posted the case from time to time. We are now

convinced that our attempts to persuade the parties to come to a

harmonious settlement has failed. This is primarily due to the

adamant insistence of the alleged detenue that she is not willing

to shift from Asha Kendra Ladies Hostel as requested by her

father and mother. According to her, there is nothing wrong in

the Asha Kendra Hostel and she has taken an informed decision

to continue there.

11. We have considered all the relevant inputs. The

alleged detenue is an adult woman, she having crossed the aged

of 19 years now. She has her decisional autonomy. It is

impossible for the petitioner or the 6th respondent to keep the

alleged detenue with them or in any other hostel, without the

W.P.(Crl.).No.306/09 8

consent of the alleged detenue. She asserts that she is unwilling

to follow any other course. This Court cannot interfere with the

discretion and the decision exercised by the alleged detenue, an

adult woman about her own future. We tried to counsel her and

to persuade her to heed to the request of her mother and father.

But she refused to do the same.

12. In a petition for issue of a writ of habeas corpus,

primarily the Court is concerned with the question whether the

alleged detenue has been detained or confined against her

wishes, will and volition. We are satisfied that there is no

confinement or detention of the alleged detenue in this case. She

being an adult woman, who is unwilling to heed to the request of

her parents, we feel that the only option available to the Court is

to allow her to pursue what she thinks proper. The learned

counsel for the 5th respondent asserts that so long as the alleged

detenue resides in the Asha Kendra Ladies Hostel, it shall be

zealously ensured that she complies with all the rules of the

hostel. That undertaking is given by the 5th respondent.

W.P.(Crl.).No.306/09 9

13. We are in these circumstances satisfied that this Writ

Petition can only be dismissed.

14. In the result, this Writ Petition is dismissed. The

alleged detenue Ms.Anjana Bharathan is permitted to return to

Asha Kendra Ladies Hostel as insisted by her.

R.BASANT, JUDGE.

M.C.HARI RANI, JUDGE.

dsn