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 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(Crl.).No. 500 of 2009(S) --------------------------- PETITIONER: --------------- PARAMASIVAN P., S/O.PAPPARAMAN CHETTIAR AGED 50 YEARS, SREEVALSAM NIVAS, AKKAPARAMBU STREET, P.O.THIRUVILLUAMALA, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, THISSUR. 2. THE SUB INSPECTOR OF POLICE PAZHAYANNUR POLICE STATION, THRISSUR. 3. THE SUB INSPECTOR OF POLICE ULLALAM POLICE STATION, MANGALORE, KARNATAKA. 4. MURUKESAN, S/O.DHARMASWAMI, AGED 30 YEARS, S.RAJ NILAYAM, KAPPIKKADU, THEKKODE, MANGALORE, KARNATAKA STATE. BY GOVT.PLEADER SMT.SMITHA SUKUMAR FOR R1 TO R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.500 OF 2009 ----------------------------------------------------- DATED THIS THE 21st DAY OF DECEMBER, 2009 J U D G M E N T Basant, J. This judgment must be read in continuation of our order dated 7th December, 2009. The petitioner is the father of the alleged detenue. The alleged detenue is the wife of the 4th respondent. This petition was filed on 26.11.2009. The same was admitted on 30.11.2009. The alleged detenue was brought to Court on 7.12.2009 and she stated that she wants to go along with her father. Two children born in the wedlock between the alleged detenue and the 4th respondent, were also brought to Court along with the alleged detenue. They were also with the alleged detenue when she came to Court on 7.12.2009. 2. On 7.12.2009, the 4th respondent was not present. The alleged detenue expressed her desire to go with the petitioner herein. Accordingly, she and the two children left the Court the along with the petitioner. As the 4th respondent was not served on that day, we had posted this case to this date to hear the 4th respondent, if he wants to make any submissions. W.P.(Crl.)No.500/09 -2- 3. Today when the case is called, the petitioner and the alleged detenue are present. Both children are also present. We have opportunity for the alleged detenue and the 4th respondent to speak to each other. The 4th respondent is not represented by any counsel. The learned counsel for the petitioner attempted to settle the disputes between the spouses. We interacted with the alleged detenue in the Chamber. Such interactions were held in the presence of the 4th respondent. The alleged detenue is not now willing to return along with the 4th respondent. Offers and counter offers have been made between them. It is our earnest desire that the parties shall be able to settle the disputes amicably at the earliest. At any rate, the alleged detenue now wants to return along with her father. 4. The alleged detenue is an adult, major, married woman with two children. She is aged 27 years (date of birth 12.4.1982). We respect her decisional autonomy and her preferences. She now wants to reside with her father. According to her, she wants to settle down here. 5. In a petition for issue of writ of habeas corpus, we are primarily concerned with the question whether the alleged W.P.(Crl.)No.500/09 -3- detenue is detained or confined against her wishes, desire and volition. The statement of the alleged detenue clearly shows that she wants to return from Court along with her father, the petitioner herein. 6. This Writ Petition is in these circumstances allowed. The alleged detenue is permitted to leave the Court along with the petitioner herein. The two children of the alleged detenue shall also accompany her. We make it clear that this judgment will not in any way fetter the option of the parties to settle their disputes and resume harmonious cohabitation on terms to be agreed to by them. We further make it clear that this petition will not fetter the rights of the 4th respondent to initiate appropriate proceedings for restitution of conjugal rights and/or for the custody of his children. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn