IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(Crl.).No. 222 of 2009(S) --------------------------- PETITIONER(S): --------------- RAFEEQUE,S/O.MUHAMMED ILIYAS K.C.HOUSE, VANDITHADAM, PUTHUSSSERYMUKKU P.O. NEDUMANGAD,THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM RURAL. 2. NUJUM, THADATHIRAKATHU PUTHEN VEEDU THENNOOR, PERINGAMALA, NEDUMANGAD. 3. RASHEEDA BEEVI, W/O.SHIHABUDEEN THADATHIRAKATHU PUTHEN VEEDU THENNOOR, PERINGAMALA, NEDUMANGAD. 4. FASEELA BEEVI, W/O.NIZAR, THANSEER MANZIL,PULIYOORKONAM P.O., THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.222 of 2009 ---------------------------------------- Dated this the 9th day of June 2009 J U D G M E N T BASANT,J The petitioner has come to this court for the issue of a writ of habeas corpus to search, trace and produce his wife Nizabeegum and three children - a boy aged 10 years and two girls aged 8 years and 4 years. He is employed abroad and it is his submission that his wife and children are missing from 28/5/2009. As he was not able to trace his wife and children and was under the impression that she was being illegally detained by the 2nd respondent, the 3rd respondent - mother of the 2nd respondent and the 4th respondent - sister-in-law of the 2nd respondent, he came to this court with this petition for issue of a writ of habeas corpus. This petition was admitted on 05/06/2009. Notice was ordered to the respondent. 2. Today when the matter came up, the petitioner and his counsel are present. The 2nd respondent and his counsel are present. The alleged detainees Nizabeegum and their three children are also present. After giving Nizabeegum sufficient W.P.(Crl)No.222/09 2 time to think, introspect and reflect, we interacted with her at the Chambers. She admitted that marriage had taken place between her and the petitioner herein and the three children were born in such wedlock. But, according to her, she has already divorced the petitioner in accordance with the Muslim law by fasque and is not willing to reside with the petitioner herein. She asserts categorically that she is not kept under illegal confinement or detention by anyone. She is a free bird and is residing at the place of her choice, she submits. 3. We are satisfied that the alleged detainee Nizabeegum and her three children are not under confinement or detention by anyone. We are further satisfied that she is not residing with the petitioner on her own free will. She is a woman aged 31 years and we respect her choice to reside separately from the petitioner. 4, We are, in these circumstances, satisfied that no further directions are necessary in this writ petition. Nizabeegum submits that she wants to return from the court along with the 2nd respondent whom, she asserts, she had married under the Special Marriage Act after she divorced the W.P.(Crl)No.222/09 3 petitioner herein. She, being an adult person, is permitted to leave along with her children from court according to her wishes. We make it clear that we express no opinion about the custody of the children. Children are now with the mother and the parties may work out their remedies/reliefs by initiating appropriate proceedings. Nizabeegum is permitted to leave the court along with the three children whom she has brought to Court today. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.(Crl)No.222/09 4 W.P.(Crl)No.222/09 5 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009