IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(Crl.).No. 388 of 2009(S) --------------------------- PETITIONER(S): --------------- 1. J.DYNE PRAKASH, S/O.P.V.JAYA PRAKASH, AGED 22 YEARS, MUNDACKAL VEEDU, ERAM, CHATHANNOOR P.O., KOLLAM. 2. JAYAPRAKASH, AGED 52 YEARS, MUNDACKAL VEEDU, ERAM, CHATHANNOOR P.O., KOLLAM. BY ADV. SRI.K.BABU RAJAN SRI.SREEKANTH S.NAIR RESPONDENT(S): --------------- 1. SHRI.RAJENDRAN PILLAI, SAROVARAM, POZHIKKARA, PARAVOOR P.O., KOLLAM DIST. 2. SMT.JAYASREE R.PILLAI, W/O.SHRI.RAJENDRAN PILLAI, SAROVARAM, POZHIKKARA, PARAVOOR P.O., KOLLAM DIST. 3. THE CIRCLE INSPECTOR OF POLICE, CHATHANNOOR CIRCLE, KOLLAM. 4. THE STATE OF KERALA (REPRESENTED BY) PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.B.SURESH KUMAR FOR R1 & 2 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.388 of 2009 ---------------------------------------- Dated this the 8th day of October 2009 J U D G M E N T Basant,J The petitioner has come to this court raising the allegation that his wife, with whom marriage has been solemnised in accordance with law, is being illegally detained by her parents, respondents 1 and 2 herein. 2. Notice was ordered. On the last date of posting, Respondents 1 and 2 appeared along with the alleged detenue. The Bench which dealt with the matter ascertained the response of the alleged detenue. Counter affidavit was filed by respondents 1 and 2. The court was satisfied that the alleged detenue is not under detention and that she is residing away from the 1st petitioner, her husband, voluntarily and on her own free will. However, the petitioners prayed for time to file an affidavit (rejoinder). Affidavit has now been filed. It has now been revealed that the alleged detenue has filed an application seeking divorce. The learned counsel for the petitioners, in these circumstances, submits that no further relief is necessary W.P.Crl No.388/09 2 in this writ petition now. Leaving open the right of the petitioners to raise all appropriate and relevant contentions before the court dealing with the divorce application, this petition may now be dismissed, it is prayed. 3. Request accepted. This writ petition is dismissed. Needless to say, the option of the 1st petitioner/husband to raise all relevant and necessary contentions before appropriate forum in the divorce application filed by the alleged detenue shall remain unfettered by the dismissal of this petition. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.Crl No.388/09 3 W.P.Crl No.388/09 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009