IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(Crl.).No. 95 of 2009(S) ---------------------------- PETITIONER(S): --------------- JOY, S/O HENRY, AGED 34, AMALA BHAVAN, KUMBALAM, PERAYAM CHERIYIL, KOLLAM. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): --------------- 1. GODFREE ALIAS BABU, S/O. HENRY, BINU VILAS, KUMBALAM, PERAYAM CHERIYIL, KOLLAM. 2. ANZAR ALIAS KUNDI ANZAR, JONAKAPURAM, KOLLAM. 3. SUPERINTENTENDT OF POLICE, KOLLAM RURAL KOLLAM. 4. CIRCLE INSPECTOR OF POLICE,KUNDARA. 5. SUB INSPECTOR OF POLICE, KUNDARA. ADDL.R6: THE DEPUTY SUPERINTENDENT OF POLICE, KOLLAM IMPLEADED AS PER ORDER DT.11/3/2009 IN THE W.P. ADV. SRI.C.RAJENDRAN FOR R1 GOVT.PLEADER SRI.S.U.NAZAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A. K. Basheer & P. Bhavadasan, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P (Crl.)No. 95 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2009. Judgment Basheer, J: Ms.Mimi, the alleged detenu, is present along with her daughter Amala. Petitioner, husband of Ms.Mimi is also present. 2. We have interacted with Ms.Mimi. She stated before us that her marital life has not been happy or peaceful at all especially during the last 2-3 years. She alleges that petitioner has been harassing and torturing her and the child physically and mentally. He had taken her and the child to her parental home on February 8, 2009 and thereafter he had not made any enquiries about them. 3. She further stated that since her life in the parental home was also not at all congenial or peaceful she was constrained to leave the house with respondent No.2, with whom she has been in love for the last 4 years. She asserts that respondent No.2 has been protecting her throughout and she wants to live with him. She further stated that she does not intend to go either with the petitioner or with her father who is also present in Court. In fact the father stated that he is not able to take his daughter with him since he has no abode of his own. It appears that Ms.Mimi is also not keen to stay in any of her near relatives' houses. 4. Ms.Mimi is aged 28 years. She has got B.A., B.Ed qualification to her credit. From our interaction with her, we are satisfied that she is a grown up and mature woman capable of taking her own decision about her future. Ms.Mimi asserted that she had left her home with respondent No.2 on her own free will and she intends to live with him. Further, she had stated that she is not under any kind of illegal detention or confinement as WP (Crl.)95/2009. 2 alleged in the writ petition. Therefore we are of the view that no further orders are to be passed in this writ petition. Ms.Mimi will be free to take her own decision and choose to live with whomsoever she wants to . The writ petition is closed recording the above submissions made by Ms.Mimi. A.K. BASHEER Judge P. Bhavadasan Judge an.