IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(Crl.).No. 380 of 2008() -------------------------- PETITIONER(S): --------------- SUBASH, 36 YEARS S/O.RAGHAVAN, THARAYIL VEEDU, CHINGOLI PO., BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. S.I. OF POLICE, KAREELAKULANGARA. 3. SAJITH, S/O.SASI, SAJITH BHAVANAM CHINGOLI MURI. ADV.SMT.THUSHARA JAMES (MEDIATOR) THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL) NO.380/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE KERALA THANDAR MAHASABHA. EXT.P2 : TRUE COPY OF THE CRIME MEMO DATED 24.9.2008. KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- W.P.(Crl) No.380 of 2008 ---------------------------------------------- Dated 14th November, 2008. J U D G M E N T Kurian Joseph, J. The writ petition is filed praying for a direction to release Girija, the wife of the petitioner from the alleged illegal custody of the third respondent. Pursuant to our order dated 28.10.2008, Girija was produced before this court on 7.11.2008. We have interacted with the petitioner, Girija and the third respondent. The third respondent admitted that he had known that Girija is married to the petitioner and the petitioner has two children in Girija. The third respondent should not have, in such circumstances, even assuming there was some persuasion from Girija, taken Girija with him and stayed with her maintaining sexual contacts. That is nothing but adultery. Now that Girija has realized her mistake, and in view of her remorseful conduct, and taking note also of the fact that the petitioner has two children in her, the petitioner submitted that he is prepared to take back Girija. We suggested the learned counsel to find out a counsellor to assist Girija, so that she may not be a party to such inducements in future. Adv.Smt.Indu, learned counsel appearing WP(Crl) NO.380/2008 2 for the petitioner submits that Dr.Sindu, an expert Psychologist is available at Mavelikkara. We direct the petitioner to take Girija and meet Dr.Sindu for the required follow up action. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- W.P.(Crl) No.380 of 2008 ---------------------------------------------- J U D G M E N T Dated 14th November, 2008.