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Mrs.Monica Esmy Duram vs Mr.Sumesh on 22 May, 2009

Kerala High Court
Mrs.Monica Esmy Duram vs Mr.Sumesh on 22 May, 2009
       

  

  

 
 
  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.
                      ------------------------------------
                     W.P(Crl.) No.142 of 2009
                      -------------------------------------
               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/-

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