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 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(Crl.).No. 417 of 2009(S) --------------------------- PETITIONERS: --------------- 1. YOHANNAN JOSEPH, AGED 63 YEARS, S/O.LATE YOHANNAN, RESIDING AT TOTTUNKAL HOUSE, CHENNAMKARY P.O., KAINAKARY VILLAGE, KUTTANAD TALUK, ALAPPUZHA DISTRICT, PIN:688501. 2. THANKAMMA JOSEPH, AGED 58 YEARS, W/O.YOHANNAN JOSEPH, RESIDING AT TOTTUNKAL HOUSE, CHENNAMKARY P.O., KAINAKARY VILLAGE, KUTTANAD TALUK, ALAPPUZHA DISTRICT, PIN:688501. 3. JOHN JOSEPH, AGED 38 YEARS, S/O.YOHANNAN JOSEPH, RESIDING AT TOTTUNKAL HOUSE, CHENNAMKARY P.O., KAINAKARY VILLAGE, KUTTANAD TALUK, ALAPPUZHA DISTRICT, PIN:688501. BY ADV. SRI.MANJU ANTONEY SRI.K.JAYAKUMAR(CHERTHALA) SMT.LAYA FRANCIS RESPONDENTS: --------------- 1. SABU JOHN, AGED 36 YEARS, S/O.LATE JOHN RESIDING AT THADATHIL HOUSE, NEELAMCHIRA, KUZHIMATTOM P.O., CHINGAVANAM, KOTTAYAM DISTRICT. 2. BENNY JOHN, AGED 40 YEARS, S/O.LATE JOHN, RESIDING AT THADATHIL HOUSE, NEELAMCHIRA, KUZHIMATTOM P.O., CHINGAVANAM, KOTTAYAM DISTRICT. 3. MARIYAMMA JOHN, AGED ABOUT 80 YEARS, W/O.LATE JOHN, RESIDING AT THADATHIL HOUSE, NEELAMCHIRA, KUZHIMATTOM P.O., CHINGAVANAM, KOTTAYAM DISTRICT. WP(Crl.).No. 417 of 2009(S) - 2 - 4. BINDU BENNY, AGED ABOUT 38 YEARS, W/O.BENNY JOHN, RESIDING AT THADATHIL HOUSE, NEELAMCHIRA, KUZHIMATTOM P.O., CHINGAVANAM, KOTTAYAM DISTRICT. 5. THAMPI, AGED ABOUT 43 YEARS, RESIDING AT THADATHIL HOUSE, NEELAMCHIRA, KUZHIMATTOM P.O., CHINGAVANAM, KOTTAYAM DISTRICT. 6. JESSY THAMPI, AGED ABOUT 41 YEARS, W/O.THAMPI, RESIDING AT THADATHIL HOUSE, NEELAMCHIRA, KUZHIMATTOM P.O., CHINGAVANAM, KOTTAYAM DISTRICT. 7. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE (S.H.O.), CHINGAVANAM POLICE STATION, KOTTAYAM DISTRICT. BY GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.417 of 2009 ------------------------------------- Dated this the 26th day of October, 2009 JUDGMENT BASANT, J. The petitioners have come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce Ms.Jolimma Joseph, a woman aged 32 years. Ms.Jolimma Joseph is the daughter of petitioners 1 and 2 and the sister of the 3rd petitioner. The 1st respondent is the husband of Ms.Jolimma Joseph and respondent Nos.2 to 6 are close relatives of the 1st respondent. The crux of the grievance of the petitioners is that they are not permitted to meet Ms.Jolimma Joseph nor is she permitted to visit them. They hence apprehended that Ms.Jolimma Joseph is under the illegal custody and detention of respondent Nos.1 to 6. 2. This petition was filed on 16.10.09. The same was admitted on 19.10.09 and the case was posted to this date. Today when the case is called, petitioners are present along with their counsel. Respondent Nos.1 to 6 have appeared through counsel. With them the alleged detenue is also present. W.P(Crl.) No.417 of 2009 2 3. As the alleged detenue Ms.Jolimma Joseph comes from the custody of respondent Nos.1 to 6, we permitted her to remain alone in the Chamber without being influenced by any one. We permitted the petitioners to interact with her in the Chamber. After the lunch recess, we interacted with the alleged detenue, the petitioners and respondent Nos.1 and 2. Initially we interacted with them separately. Later we interacted with all of them in the presence of their counsel. The learned Government Pleader was also present. 4. Ms.Jolimma Joseph is a woman aged 32 years. She has 2 children. She stated categorically before us that she is not under the detention or confinement of respondent Nos.1 to 6 or any one else. But she does entertain a grievance that the relationship between the petitioners and respondent Nos.1 to 6 is not cordial and that strain in the relationship is causing difficulties. At any rate, she stated categorically that she is not under detention or confinement. 5. We are happy to note that after our interaction with the parties in the presence of their counsel, they have come to the following settlement. W.P(Crl.) No.417 of 2009 3 i) It is agreed that Ms.Jolimma Joseph and her children will be permitted to return from the Court along with her husband, the 1st respondent; ii) It is agreed that Ms.Jolimma Joseph along with her children will be permitted by respondent Nos.1 to 6 to go to her parental house and meet petitioners 1 to 3 on the morning of all second Saturdays; iii) She will be permitted to reside along with the petitioners at her parental house on such second Saturdays and she shall return to the house of the 1st respondent by evening on the following Sundays along with both the children; iv) Petitioners 1 to 3 shall be permitted to meet Ms.Jolimma Joseph and their children if there be any necessity at the house of Respondent Nos.1 to 6. 6. In the light of the above undertakings/agreement, we are satisfied that this Writ Petition need only be dismissed, we having satisfied ourselves that Ms.Jolimma Joseph is not under any confinement or detention. 7. This Writ Petition is, in these circumstances, dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-