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 19TH JULY 2010 / 28TH ASHADHA 1932 WP(Crl.).No. 179 of 2010(S) --------------------------- PETITIONER: --------------- FR. ABRAHAM VALLATHUKARAN, BASIL HOME, KUPPADI.P.O., SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS: --------------- 1. FR. GEEVARGHESE KIZHAKKEDATH, KIZHAKKEDATH HOUSE, MULANTHURUTHY, KOTTAYAM DISTRICT. 2. THE DY. SUPERINTENDENT OF POLICE, MUVATTUPUZHA. 3. THE STATION HOUSE OFFICER, MULANTHURUTHY POLICE STATION, KOTTAYAM DISTRICT. ADV. SRI.C.P.UDAYABHANU FOR R1 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL) NO. 179 OF 2010 ============================ DATED THIS THE 19TH DAY OF JULY 2010 JUDGMENT Basant,J. The petitioner and the first respondent have come to court. They are represented by their respective counsel. We interacted with the parties in the presence of their counsel in the chamber. The counsel report that the parties have harmoniously settled almost entire disputes between them. The alleged detenue is now living with the first respondent. The wife of the petitioner is also residing with the alleged detenue in the house of the first respondent. The alleged detenue is getting treatment at the Amrita Institute of Medical Sciences, Ernakulam. The petitioner entertains a feeling that better treatment may be available at Baby Memorial Hospital, Kozhikode. The first respondent submits that the treatment is now going on at the Amrita Institute of Medical Sciences, Ernakulam and if necessary and if so advised by the Doctor presently treating her, the issue of W.P.CRL.179/2010 -2- taking the alleged detenue to Baby Memorial Hospital, Kozhikode can also be considered. 2. Both counsel submit that the matter need not be kept pending in this court any longer. No further directions are necessary. 3. This writ petition, in these circumstances, is dismissed taking note of the improvement in the relationship between the petitioner and the first respondent as accepted by the learned counsel. Our interactions with the parties also instill in us the satisfaction that they will harmoniously agree and give better treatment for the alleged detenue. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. W.P.CRL.179/2010 -3- R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL) NO. 179 OF 2010 ============================ DATED THIS THE 7TH DAY OF JUNE 2010 ORDER Basant,J. The petitioner and the first respondent are personally present. They are represented by their counsel. The alleged detenue has also come to court along with the first respondent. It is submitted that the directions issued on 25/5/2010 have been carried out to the satisfaction of both parties. Counsel submit that there are some more outstanding issues. They pray that one further opportunity is granted. It shall be ensured that the parties to settle all their outstanding disputes and file joint statement. We accept the request of the learned counsel . 2. Call on 30/6/2010 for further directions. R. BASANT, JUDGE W.P.CRL.179/2010 -4- M.C. HARI RANI,JUDGE ks. W.P.CRL.179/2010 -5- R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL) NO. 179 OF 2010 ============================ DATED THIS THE 25TH DAY OF MAY 2010 ORDER Basant,J. The petitioner has come to this court with this petition for issue of a writ of habeas corpus raising the allegation that his daughter Emi Varghese, aged 30 years is illegally detained and confined by her husband, the first respondent, herein. This petition was filed on 17/5/2010. The petition was admitted and notice was ordered on 19/5/2010 to the respondent to appear before this court today. Today when the case is called, the petitioner is present along with his counsel. The first respondent and his wife are present. As directed by us, their child was also brought to court by 1.45 p.m. We permitted the alleged detenue to interact with the petitioner, her father, during the forenoon W.P.CRL.179/2010 -6- session with no one to disturb them. After the lunch recess, we interacted with the alleged detenue alone initially and later in the presence of the petitioner herein. Subsequently, we interacted with them in the presence of the first respondent. The petitioner has a grievance that his daughter is tortured and assaulted by the first respondent and that she is being illegally confined and detained against her wishes. 2. The first respondent stated before us that his wife, the alleged detenue, has ailment of fits. The alleged detenue has asserted that she was being well looked after and was getting the necessary treatment. She further asserted that she was not under any confinement or detention and that she wants to return from court along with the respondent-husband. The alleged detenue as also the first respondent stated that they have no objection in going to the house of the petitioner along with the child. Counsel for the petitioner and the first respondent as also the learned Government Pleader were also present in the course of the discussion. 3. We are happy to note that the parties are gravitating towards a harmonious settlement of their disputes. In response to our suggestion, they agree on the following course: W.P.CRL.179/2010 -7- 1) The first respondent and the alleged detenue along with their child shall proceed to the house of the petitioner in Sulthan Bathery on 31/5/2010 where his sick wife, i.e., the mother of the alleged detenue, is available. They will spend the night on 31/5/2010 and return thereafter on or after 1/6/2010. 2. The petitioner agrees to receive the first respondent, the alleged detenue and their child with warmth and affection and try everything to make their stay comfortable and harmonious. 4. The learned Public Prosecutor undertakes that Sulthan Bathery police shall be instructed to oversee the arrangements and to ensure that nothing untoward happens. 5. Call this petition on 7/6/2010 for report regarding compliance and further direction. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. W.P.CRL.179/2010 -8-