IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(Crl.).No. 103 of 2008(S) --------------------------- PETITIONER: ------------ PRAKASH, S/O.KAMALASANAN, AGED 38 YEARS, P.R.NIVAS, MOOLAKKADA, KARIMPALOORE, PUTHUKULAM P.O., KOLLAM. BY ADV. SRI.M.TRIPTEN RESPONDENTS: ------------- 1. GOPALAKRISHNAN, CHETTAVIL, PALAYAM KUNNU P.O., VARKALA. 2. KAMALA, W/O.LATE SREEDHARAN, SREEDHARA BHAVAN, CHAVER CODE, PARIPPILLY P.O., KOLLAM. 3. SUB INSPECTOR OF POLICE, PARIPPILLY POLICE STATION, PARIPPILLY, KOLLAM. R1 & R2 BY ADV. SRI.R.ANILKUMAR SRI.P.BANI R3 BY GOVERNMENT PLEADER SRI C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).NO.103/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF MARRIAGE CERTIFICATE DTD. 7/3/2008. EXT.P2 TRUE COPY OF DISCHARGE CARD ISSWUED DATED 6/11/2006. EXT.P3 TRUE COPY OF REPRESENTATION DATED 1/3/2008 SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE, PARIPPILLY. P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- W.P.(Crl)NO.103 OF 2008 -------------------------------- Dated this the 9th day of April, 2008 JUDGMENT Raman, J. Petitioner alleges that his wife and child are under the illegal custody of respondents 1 and 2. The lst respondent is the Uncle and the 2nd respondent is the mother of the petitioner's wife. We had directed the 3rd respondent to conduct a discreet enquiry through a woman police constable and to file a report. A report has been filed, which shows that petitioner's wife, Bincy came out from the petitioner's house on her own accord to her mother's residence because of the mental torture and harassment meted out to her from the petitioner. At the time of marriage, he was given 100 sovereigns of gold ornaments. Now she has no ornaments including Thali chain. It is alleged that these ornaments are taken way by the petitioner. A case was registered as Crime No.346/(A)ptn/08/k2 at Parippally Police Station. 2. We issued notice to respondents 1 and 2. Respondents 1 and 2 appeared before us along with the alleged detenu, the petitioner's wife and the daughter aged 3 years. We have interacted with the alleged -2- WP(Crl).No.103/2008 detenue and she stated that she is a major, she has gone to her parental house on her own accord because of the harassment meted out to her by the petitioner both mental and physical. Though there were proceedings before the Vanitha Commission and she had joined him earlier, the situation did not improve and was constrained to leave her husband. It is not necessary to enter a finding on these aspects. Admittedly the petitioner and the alleged detenue were living as husband and wife and they have a child aged 3 years, possibly by effective counselling of the parties the situation may improve. However, this being a habeas corpus petition and when it is found that the alleged detenue is not under the illegal custody of her parents as alleged, we close this writ petition leaving open the petitioner's right to approach the Family Court for appropriate remedies. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.