IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 142 of 2009(S)
1. MRS.MONICA ESMY DURAM, W/O.REXY DURAM
... Petitioner
Vs
1. MR.SUMESH,K.DEVASSI S/O. DEVASSI AGED 30
... Respondent
2. MR.SHYBIN,S/O.JOY AGED AROUND 30 YEARS,
3. MR.TOLDRIN(TOMY) S/O. ANTONY AGED ABOUT
4. MR.JAYESH,S/O.K.K.JOSEPH AGED ABOUT
5. THE COMMISSIONER OF POLICE,KOCHI CITY.
6. THE CIRCLE INSPECTOR OF POLICE, CUSBA
7. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent :SMT.C.G.PREETHA
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :22/05/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P(Crl.) No.142 of 2009
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Dated this the 22nd day of May, 2009
JUDGMENT
BASANT, J.
Petitioner has filed this Writ Petition for issue of a writ of
habeas corpus to procure and produce before the Court her
daughter Ms.Tannia Duram, admittedly a major, aged about 20
years. The petitioner contended that her daughter was illegally
taken away in the custody of respondents 1 to 4. The police
were not taking proper action, it was alleged.
2. The Writ petition was admitted and notice was
ordered to the respondents. Ms.Tannia Duram, the alleged
detenu and the 1st respondent had appeared before Court on
06.04.2009. The Bench which dealt with the matter had
permitted Ms.Tannia Duram to go with her parents. As directed
by that Bench, the said alleged detenu has appeared before the
Court today.
3. The 1st respondent has entered appearance and has
filed a counter statement. He raises the contention that he and
the alleged detenu are legally married and were living as
W.P(Crl.) No.142 of 2009 2
husband and wife. She being an adult and she having validly and
voluntarily entered matrimony with him, it is submitted that this
petition is not maintainable. Along with the counter affidavit
filed by him, copy of a marriage certificate has been produced.
4. In the nature of the circumstances of the case, we felt
that an independent, uninfluenced and unbiased version of the
alleged detenu must be ascertained. When the case was called
in the morning, she was present. The others were directed to
withdraw from the Court. She was left alone to make cool
reflection and convey to the Court her stand in the matter. We
have interacted with the alleged detenu in the Chambers also.
After lunch, her wishes were ascertained in the Court. Both in
the Chambers and in the open Court she asserted that she wants
to go back along with her parents and she does not want to go
with the 1st respondent now. She wants to write her exams. She
however proceeded to assert that she had left her house on her
own on account of various reasons and not under the compulsion
or inducement of anyone.
5. It having been stated by the alleged detenu
unambiguously (and we are satisfied that she has expressed
herself without any influence or coercion) that she wants to go
W.P(Crl.) No.142 of 2009 3
back with her mother, the petitioner herein and her father, who
is also present in Court, we are satisfied that no further
directions are necessary in this Writ Petition. Proceedings in
this Writ Petition is accordingly closed. The alleged detenu
Ms.Tannia Duram is permitted to leave the Court with the
petitioner her mother as desired by her.
6. This Writ Petition is accordingly allowed to the above
extent.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/-