IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 232 of 2009(S)
1. JYOTHIDEV.V.S., AGED 34 YEARS,
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE, KOLLAM.
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
3. PRAVIN, S/O.EDWARD, AGED 30 YEARS,
For Petitioner :SRI.V.V.RAJA
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :19/06/2009
O R D E R
R.BASANT & M.C.HARIRANI, JJ.
* * * * * * * * * * * * *
W.P.(Crl).No.232 of 2009
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Dated this the 19th day of June 2009
J U D G M E N T
BASANT,J
The petitioner has filed this petition praying for issue of a writ of
habeas corpus to search, trace and produce his wife Preethi, a woman
aged 27 years (date of birth : 11/04/1982). It is the contention of the
petitioner that he and the alleged detenu Preethi were married on
5/12/2008 and their marriage was solemnised and registered under
the Special Marriage Act. Ext.P1 is the certificate issued to confirm
that fact.
2. According to the petitioner, after marriage, they were
residing together harmoniously. The 3rd respondent who is employed
abroad had come down and under the pretext that there could be a
harmonious settlement, the alleged detenu Preethi was taken to her
parental house. It is the contention of the petitioner that the 3rd
respondent, the brother of Preethi had thereafter illegally detained
her and the petitioner was not being permitted to have any contact
with the said Preethi.
3. The petition came up for admission on 17/6/2009. The
petition was admitted. Notice was ordered to the respondents.
Today, when the matter came up for hearing, the petitioner and his
W.P.(Crl) No.232/09 2
counsel are present. The 3rd respondent and mother of Preethi – the
alleged detenu are also present. Preethi – the alleged detenu has also
come to court along with her mother.
4. We ascertained the response of the alleged detenu Preethi
and she confirmed to us that she was married to the petitioner and he is
her legally wedded husband. She asserted that she wants to leave the
court along with the petitioner.
5. Smelling the opportunity for a harmonious settlement of the
dispute between the parties after hearing all concerned, we requested
Sri.N.R.Chandrasekharan – a trained mediator who happened to be
present in court to help the court to explore the possibilities of a
harmonious settlement. The Nodal Officer was informed. The parties
were sent to the mediator. By 1 p.m, the mediator has submitted a
report in which it is reported that the parties have settled all their
outstanding disputes harmoniously. The settlement reached in the
course of mediation duly signed by the petitioner, the third respondent,
the alleged detenu and the mother of the detenu confirm that all
concerned accept that the petitioner and the alleged detenu to be legally
married spouses. It is agreed that none of the parties shall raise any
objections to the harmonious marital relationship between the petitioner
and the alleged detenu Preethi.
6. The petitioner through his counsel and the alleged detenu
Preethi submit that no further directions are necessary in this writ
W.P.(Crl) No.232/09 3
petition. The alleged detenu Preethi requests the court that it may be
ensured that she is permitted to live harmoniously and without any
hindrance with her husband, the petitioner herein.
7. We are, in these circumstances, satisfied that the settlement
reached in mediation can be received and recorded and this writ
petition can be dismissed. We accept the submissions of the 3rd
respondent and his mother Agnus that they shall not cause any
hindrance or obstruction to the harmonious marital tie and co-habitation
of the petitioner and the alleged detenu. If there be no obstruction,
needless to say, the petitioner and the alleged detenu can approach the
police authorities who shall ensure that necessary protection is given to
the petitioner and the alleged detenu to so harmoniously lead a marital
life.
8. This petition is accordingly dismissed with the above
observations.
Hand over copy of this judgment to the learned Government
Pleader.
(R.BASANT, JUDGE)
(M.C.HARIRANI, JUDGE)
jsr
W.P.(Crl) No.232/09 4
W.P.(Crl) No.232/09 5
R.BASANT & M.C.HARIRANI, JJ.
.No. of 200
ORDER/JUDGMENT
18/06/2009