IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 WP(Crl.).No. 254 of 2010(S) --------------------------- PETITIONER: --------------- VIVEK D, S/O.M.P.DIVAKARAN AGED 28 YEARS, PRESENTLY REESIDING AT KAUSTHUBHAM CHEPPILAMURI,AKATHETHARA PO, PALAKKAD -8 FROM VIVEKODAYAM ,VIKAS NAGAR AMBALATHARA, THIRUVANANTHAPURAM -26 BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, PALAKKAD DISTRICT , PALAKKAD. 3. THE CIRCLE INSPECTOR OF POLICE HEMAMBIKA NAGAR POLICE CIRCLE, HEMAMBIKA NAGAR PALAKKAD. 4. SRI.SREEDHARAN, SUB INSPECTOR OF POLICE HEMAMBIKA NAGAR POLICE STATION, HEMAMBIKA NAGAR PALAKKAD. 5. ANANTHAPADMANABHAN, MEENU NIVAS THIRUVALAR NAGAR, COIMBATORE, 641 023. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR ADV. SRI.SAJAN VARGHEESE K. FOR R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.254 of 2010 ********************* Dated this the 5th day of July, 2010 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his wife Moohambiga, aged 24 years (date of birth 08.08.1985). The petitioner and the said Moohambiga, the alleged detenue, were in love. She was a student of the B.A.M.S college at Sree Jayendra Saraswathi Ayurveda College, Chennai. Their marriage was solemnised in accordance with the customary rites at the Guruvayur Temple on 09.10.2009. The father of the alleged detenue later accepted their marriage. As agreed by all, the alleged detenue Moohambiga resumed her education on 26.10.2009. She continued to attend the college till 13.11.2009 on which day she was allegedly taken back to the house of the petitioner. At that stage it was suspected that the petitioner was suffering from some serious disease and in that situation the alleged detenue had to continue in the house of the petitioner till 23.06.2010. Now it is confirmed that it was only fall in the blood platelets count because of fever and that the petitioner does not W.P(Crl.) No.254 of 2010 2 suffer from any such fatal disease. There was some disagreement about the continuation of the studies of the alleged detenue while they lived in the house of the petitioner at Palakkad from 13.11.2009 to 23.06.2010. In such situation, the spouses started separate residence w.e.f 23.06.2010. 2. The petitioner came to this Court with this petition alleging that the alleged detenue Moohambiga, his wife, is being illegally detained and confined by respondent No.5, the father of the alleged detenue. This petition was filed on 28.06.2010. The same was admitted on 29.06.2010 and notice was ordered to the respondents. 3. Today when the case is called, the petitioner is present. He is represented by his counsel. The 5th respondent has come to Court. He is represented by his counsel. Along with him, the alleged detenue, Moohambiga, has also come to Court. The petitioner's mother has also come to Court along with him. 4. As the alleged detenue comes along with in the custody of the 5th respondent, who allegedly was detaining her, we permitted the alleged detenue to remain alone in the Chamber without opportunity for anyone to interact with her. She did not want to interact with the petitioner initially. After the lunch recess, we interacted with the alleged detenue alone W.P(Crl.) No.254 of 2010 3 initially. We subsequently interacted with the petitioner alone. Subsequently we interacted with them together. Later, we interacted with them in the presence of the 5th respondent, the father of the alleged detenue and Ambika Kumari, the mother of the petitioner. The learned counsel for the petitioner, the learned counsel for the 5th respondent and the learned Government Pleader were also present during such interactions. 5. The alleged detenue asserts before us that she is not under illegal confinement or detention of her father. She is residing with her father happily and not under any compulsion. She wants to continue her education. She wants to go back to the college at Chennai and complete her education. Six months' academic course has to be completed and thereafter for one year, she will have to do her house surgency. Her father is willing to finance her education and she requested that she may be permitted to return along with her father and to continue her education. The 5th respondent also reiterates the same request. 6. The petitioner submits that he has no objection against the continuation of education of the alleged detenue. He has no objection against her pursuing career as an ayurvedic doctor after she takes the degree. He has no objection against her father educating her. W.P(Crl.) No.254 of 2010 4 7. Both the petitioner as well as the alleged detenue assert before us that they want to continue their marital tie and are not even remotely contemplating termination of the marital tie. 8. We are happy to note that after our discussions with the parties with the assistance of sublime counsel and responding constructively to the suggestions made by this Court, all concerned have come to certain agreement and understandings. Accordingly the parties agree and we issue the following directions. i) The alleged detenue shall today leave the Court along with the 5th respondent; ii) Tomorrow, ie. 06.07.2010, at 4 p.m, the alleged detenue and the 5th respondent shall go to the house of the petitioner. The alleged detenue shall be left there to spend her time till the next day; iii) On 07.07.2010 by 4 p.m, the alleged detenue shall be left in the house of the 5th respondent by the petitioner; iv) Thereafter the 5th respondent shall take the alleged detenue to her college at Chennai to resume her education; v) The petitioner as also the 5th respondent shall be at liberty to call on the alleged detenue at the hostel in accordance W.P(Crl.) No.254 of 2010 5 with the rules of the hostel while the alleged detenue continues her education. During vacation, the alleged detenue agrees that she shall reside with the petitioner and the 5th respondent; vi) All expenses for her education shall be met by the 5th respondent; vii) It is also agreed that after the alleged detenue completes her academic course and the house surgency, she shall be at liberty to work and pursue her career as an Ayurvedic Physician and the petitioner shall raise no objection against the alleged detenue pursuing such career. 9. This Writ Petition is allowed in part to the above extent. 10. Call this petition again on 14.07.2010 for the counsel to report that the arrangements stipulated for 5th, 6th and 7th of July, 2010 have been carried out by both sides as agreed above. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/