High Court Kerala High Court

Soona Joseph vs Albert.D on 9 June, 2010

Kerala High Court
Soona Joseph vs Albert.D on 9 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl.).No. 88 of 2010(S)


1. SOONA JOSEPH, W/O.SAJI THOMAS, 34/1850,
                      ...  Petitioner

                        Vs



1. ALBERT.D, 'VISAKH', T.C. 11/66,
                       ...       Respondent

2. LALITHA B, 'VISAKH', T.C. 11/66,

3. THE CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.ANIL SIVARAMAN

                For Respondent  :SRI.SREEKANTH S.NAIR

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

 Dated :09/06/2010

 O R D E R
              R.BASANT & M.C.HARI RANI, JJ.
                      **********************
                   W.P(Crl.) No.88 of 2010
                       *********************
               Dated this the 9th day of June, 2010

                          JUDGMENT

This judgment must be read in continuation of our earlier

orders resting with the order dated 25.05.2010.

2. Today when the case came up for hearing, the alleged

detenue has come to Court from Santhiniketan hostel, where she

is being accommodated. The petitioner is present. She is

represented by her counsel. Respondent Nos.1 and 2, the

parents of the alleged detenue, have come to Court. They are

represented by a counsel. The learned Government Pleader is

also present. We interacted with the alleged detenue in the

presence of her parents/respondent Nos.1 and 2. Counsel for

the petitioner, counsel for respondent Nos.1 and 2 and the

learned Government Pleader were present.

3. It is reported to us that the alleged detenue, an adult

major woman, aged 25 years (date of birth – 16.05.1985) has

secured employment with M/s.Brilliance College, Chittoor Road,

Kochi. It is submitted that she will be able to secure adequate

income from such employment to look after herself. She does

W.P(Crl.) No.88 of 2010 – 2 –

not want to continue residence at the Santhiniketan hostel. She

has secured admission in St.Teresa’s Mercy Home,

Kacherippady, Kochi, where she proposes to be accommodated

hereafter. Respondent Nos.1 and 2 want the alleged detenue to

go with them, but she is unwilling. The alleged detenue wants to

earn her income and stand on her own feet. She requests that

respondent Nos.1 and 2 may be directed not to visit her or

disturb her at her place of work. She has no objections against

respondent Nos.1 and 2 visiting her at St.Teresa’s Mercy Home

once in a week in accordance with the rules of the hostel.

4. The alleged detenue as well as respondent Nos.1 and

2 agree and accept that they have no grievance against each

other and shall not indulge in any conduct to vex or harass the

other.

5. It is agreed and accepted that all the personal

belongings, certificates etc. of the alleged detenue have been

handed over by respondent Nos.1 and 2 to her, their daughter.

6. This Writ Petition is, in these circumstances, allowed

in part. The alleged detenue is permitted to leave the Court as a

free individual, accepting her preference to get employed in

W.P(Crl.) No.88 of 2010 – 3 –

Brilliance College, Kochi and reside in St.Teresa’s Mercy Home,

Kochi.

(R.BASANT, JUDGE)

(M.C.HARI RANI, JUDGE)
rtr/

R.BASANT & M.C.HARI RANI, JJ.

**********************
W.P(Crl.) No.88 of 2010
*********************
Dated this the 17th day of May, 2010

ORDER

The alleged detenue is not brought to Court today. It is

submitted at the Bar that she attends an educational course,

which is expected to be completed today. That is the reason why

she has not been brought to Court today, it is submitted.

2. Both sides pray that the matter may be called

tomorrow (18.05.2010).

3. The alleged detenue shall be brought to Court

tomorrow. The petitioner as well as the party respondents shall

appear in Court tomorrow.

4. Call on 18.05.2010at 1.45 p.m in the Chamber.

(R.BASANT, JUDGE)

(M.C.HARI RANI, JUDGE)
rtr/