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. 397 of 2009(S) --------------------------- PETITIONER(S): --------------- RAJEENA, W/O.NASEEB, MUNDAMRA HOUSE, PULIMUNDA, POOKKOTTUMANNA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.SUNIL KUMAR A.G SRI.R.SUDHEESHKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, EDAKKARA POLICE STATION, EDAKKARA, MALAPPURAM. 3. C.AZEEZ, CHERUVATH HOUSE, CHETHALAYAM P.O., SULTHAN BATHERY (VIA), WAYANAD DISTRICT. 4. SEENATH, W/O.C.AZEEZ, CHERUVATH HOUSE, CHETHALAYAM P.O., SULTHAN BATHERY (VIA), WAYANAD DISTRICT. ADV. SRI.A.T.ANILKUMAR FOR R3,4 SRI.A.V.JAMES FOR R3,4 SRI.P.DALBI EMMANUEL FOR R3,4 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.397 of 2009 ---------------------------------------- Dated this the 8th day of October 2009 J U D G M E N T Basant,J The petitioner, a young woman aged about 32 years, has come to this court with the grievance that her husband, the alleged detenu, with whom she has entered legal matrimony, is being illegally detained and confined by respondents 3 and 4, his parents. The alleged detenu is a person aged about 26 years, he claims to have been born in 1984. He has studied up to 10th standard. He is a driver by profession. The petitioner Rajeena is aged 32 years. She is earlier married and that marriage has now been dissolved. She has a child aged 15 years in that marriage. That child is not residing with her and is with her former husband, she submits. 3. This petition was filed on 30/09/2009. It was admitted on 01/10/2009 and the case was posted to this date. Today when the case came up for hearing, the alleged detenu Naseeb is present. Respondents 3 and 4 are also present. The learned Government Pleader submits that the alleged detenu was traced W.P.Crl No.397/09 2 earlier and the police had produced him before the learned Magistrate. The learned Magistrate had directed the alleged detenu to appear before this court today and accordingly he has appeared before this court today, it is submitted. 4. As it appeared to us that the alleged detenu may be under the influence of respondents 3 and 4, we allowed him to remain in the chamber without opportunity for anyone to influence him. After lunch recess, we interacted with the petitioner, the alleged detenu and respondents 3 and 4. The learned Government Pleader and the learned counsel for the petitioner and respondents 3 and 4 were also present. 5. Sri.Naseeb, the alleged detenu accepts that he has legally married the petitioner herein on 01/05/2009. He also admits and accepts that they had lived together up to 23/09/2009 in a rented house. But according to him, thereafter, he had left the petitioner on his own free will as he did not want to continue the relationship with the petitioner. He accepts that he had got married to the petitioner with full knowledge of all circumstances; but he now feels that he has committed a mistake and does not want to continue the relationship. At the request of the petitioner and as agreed to by the alleged detenu, we W.P.Crl No.397/09 3 permitted both of them to interact with each other. Even after returning from such interaction, the alleged detenu Naseeb stuck to his stand that he does not want to continue residence with the petitioner herein. Along with the petitioner, her younger brother Salim has also come to court. We attempted to explore the possibilities of a harmonious settlement. The alleged detenu Naseeb asserts that he does not want to continue the relationship. The petitioner does not want to accept any termination of the marital tie. She appears to be hopeful still that the alleged detenu would change his mind and come to her. She behaved hysterically unable to stand the statement of the alleged detenu after their interaction that he does not want to continue the relationship. Our attempts to bring the parties to a harmonious settlement either to unite or to part respectably did not succeed. 6. In this petition for issue of a writ of habeas corpus, the scope for consideration of this court is rather limited - as to whether the alleged detenu is under illegal confinement or detention against his wishes. We are satisfied from the submissions made at the Bar as also from our interactions with the parties that Naseeb, the alleged detenu, is not under illegal W.P.Crl No.397/09 4 confinement or detention of respondents 3 and 4. In fact, the alleged detenu and respondents 3 and 4 take the stand that ever since he left respondents 3 and 4 to join the petitioner and get married to her, there has not been any interaction between the alleged detenu and his parents. 7. Be that as it may, we are satisfied that the alleged detenu is not under any illegal confinement or detention. We are, in these circumstances, satisfied that it is not necessary to issue any further directions in this writ petition. The same only deserves to be dismissed. 8. In the result, this writ petition is dismissed. The alleged detenu Naseeb, a young man aged 26 years, is informed that he is at liberty and can choose to pursue whatever course he feels proper. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.Crl No.397/09 5 W.P.Crl No.397/09 6 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009