IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(Crl.).No. 284 of 2008(S) --------------------------- PETITIONER: ------------ SNEHAPRABHA,W/O. NANDAKUMAR ADIKAL VRINDAVANAM, KODUNGALLUR BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE THRISSUR 2. S.I.OF POLICE, CHALAKUDY POLICE STATION CHALAKUDY 3. S.I.OF POLICE, PAVARATTY POLICE STATION. 4. RANJITH, S/O. RAJAGOPAL , PATTATH HOUSE PAVARATTY P.O.,THRISSUR 5. VALSALA, W/O. NARAYANAN NAMBOODIRI VLANGATHU PADUTHUR MANA, MELOOR P.O.CHALAKUDY R1 TO R3 BY G.P. SMT. M.K. PUSHPALATHA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No.284 of 2008-S - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of August, 2008. JUDGMENT Raman, J. Alleging that the petitioner's daughter Nikhila who is studying in 10th standard in a public school at Kodungallur is kept under illegal detention by respondents 4 and 5 and seeking for the issuance of a writ of habeas corpus to produce the corpus of the alleged detenu before this court, this writ petition is filed. 2. Pursuant to the notice issued, the parties appeared before us. The 4th respondent is the son of the elder brother of the petitioner's husband and 5th respondent is the sister of the husband of the petitioner. The detenu, Nikhila is now studying in Gurusree Public School, Kodungallur. We interacted with the alleged detenu. Even though she is aged 15 years and studying in 10th standard, we could assess that she is matured enough to understand things and to take her own decision. We have interacted with the petitioner as also the father of the detenu. We understand that the relationship of the petitioner and her husband were strained and they are not living together. Attempts to have a settlement at the instance of the local WPCR.284/2008 -2- Magistrate also failed. Though we have talked with both parties, it appears that a reconciliation between them is a remote possibility. The girl is now with the sister of the husband of the petitioner. The husband of the petitioner is also residing along with the alleged detenu. From the interaction with the girl, we find that she is extremely happy and she even refuse to talk to her mother, but only because of our insistence that she talked some time with the mother at our Chambers. We find that the petitioner's daughter cannot, in the circumstances, be said to be under illegal custody of respondents 4 and 5. Further, the petitioner's husband is also staying along with her daughter. If so, the remedy open to the petitioner is to move the Family Court if she is otherwise entitled to custody of her daughter. The writ petition is closed. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/