IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 374 of 2010(S)
1. VINOD,S/O.KUTTAPPAN,
... Petitioner
Vs
1. THE DEPUTY SUPERINTENDANT OF POLICE
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
3. THE SUB INSPECTOR OF POLICE,
4. VINOJ K, S/O.KITTU,
For Petitioner :SRI.P.V.ELIAS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :28/09/2010
O R D E R
R.BASANT & M.L.JOSEPH FRANCIS, JJ.
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W.P(Crl) No.374 of 2010
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Dated this the 28th day of September, 2010
JUDGMENT
BASANT, J.
The petitioner, a young man, aged about 29 years, has
come to this Court with this petition for issue of a writ of habeas
corpus to search for, trace and produce his wife Jemi by name,
aged 22 years (date of birth 02.10.1987). The marriage between
the petitioner and Jemi (hereinafter referred to as `the alleged
detenue’) had taken place on 27.08.2006. A girl child by name
Devananda was born on 11.03.2007. The alleged detenue was
missing from 31.08.2010. The petitioner apprehended that his
wife is under the illegal detention/confinement of the 4th
respondent. A complaint was filed before the police. But the
police had not succeeded in tracing the alleged detenue and it is,
in these circumstances, that the petitioner came to this Court
with this petition on 17.09.2010. The petition was admitted on
22.09.2010. Notice was ordered to the respondents and the case
was posted to 01.10.2010.
2. Today on the representation of the learned
Government Pleader, this case was advanced for hearing. When
W.P(Crl) No.374 of 2010 2
the case is called, the petitioner along with his counsel is
present. The 4th respondent, Vinoj, who according to the
petitioner was allegedly detaining his wife, the alleged detenue,
is present. Along with him, the alleged detenue has also come to
Court. The learned Government Pleader submits that the
alleged detenue was traced by the police and she was produced
before the learned Magistrate having jurisdiction. The learned
Magistrate on being satisfied that the alleged detenue is not
under any illegal confinement or detention, had set her at liberty
permitting her to pursue whatever course she chose to follow. It
is, in these circumstances, as directed by the police that the
alleged detenue along with the 4th respondent has appeared
before Court today.
3. As the alleged detenue comes to Court along with/in
the custody of the 4th respondent, who allegedly is detaining and
confining her, we permitted the alleged detenue to remain alone
in the Chamber with opportunity to the petitioner to interact
with her. The petitioner wanted and the alleged detenue agreed
for such interaction. During the pre lunch session, the spouses
were given opportunity to interact with each other.
W.P(Crl) No.374 of 2010 3
4. After the lunch recess, we interacted with the alleged
detenue alone initially. Later we interacted with the alleged
detenue in the presence of the petitioner. Subsequently we
interacted with both of them in the presence of the 4th
respondent. The learned counsel for the petitioner and the
learned Government Pleader were also present. The alleged
detenue and the 4th respondent are not represented by any
counsel.
5. The alleged detenue submits that she is not under any
illegal detention or confinement. She is now living with the 4th
respondent. She is doing so, on her own free will. She does not
want to continue the relationship with the petitioner. She wants
a divorce. She has no objection in the petitioner keeping custody
of her child. She has brought to Court today one gold bangle
and two gold rings which she wants to give to her child. The
child is not produced in Court today.
6. The petitioner after his interactions with the alleged
detenue states before us that he is now convinced that the
alleged detenue is not under illegal detention or confinement of
anyone. He accepts the desire of the alleged detenue that she
wants to put an end to the marital tie. He is willing to keep the
W.P(Crl) No.374 of 2010 4
child in his custody and lookafter the child. He is agreeable for a
divorce by mutual consent, subject to appropriate conditions.
7. The 4th respondent submits before us that he is aged
22 years. The alleged detenue is also aged 22 years. The 4th
respondent submits that the alleged detenue has been residing
with him and he is now willing to marry her in accordance with
law after she secures divorce from the petitioner.
8. Thus at the end of the day, after interaction between
the parties, the parties are in agreement that the marriage
between the alleged detenue and the petitioner can be dissolved
by filing a joint application for divorce by mutual consent. They
also agree that the child can continue in the custody of the
petitioner. The 4th respondent agrees that after the alleged
detenue secures divorce from the petitioner, he will marry the
alleged detenue in accordance with law. The request of the
alleged detenue that the gold bangle and the ornaments may be
received by the petitioner on behalf of her child is accepted by
the petitioner and one gold bangle and two gold rings are
handed over by the alleged detenue to the petitioner. We record
that fact as agreed by both sides.
W.P(Crl) No.374 of 2010 5
9. In a petition for issue of a writ of habeas corpus, we
are primarily concerned with the question whether the alleged
detenue is under illegal confinement or detention. In this case,
we are convinced that the alleged detenue is not under any such
illegal confinement or detention. We are satisfied that this Writ
petition can now be dismissed and no further directions are
necessary. We have recorded the above facts only in our attempt
to persuade the parties to come to a harmonious settlement of all
their disputes.
10. In the result:
a) This Writ Petition is dismissed;
b) The alleged detenue is informed that she is at liberty
to choose to pursue whatever course she thinks is best for her.
She states that she wants to go with the 4th respondent and leave
the Court in the company of the 4th respondent.
(R.BASANT, JUDGE)
(M.L.JOSEPH FRANCIS, JUDGE)
rtr/