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 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(Crl.).No. 355 of 2009(S) --------------------------- PETITIONER(S): --------------- 1. GEORGE MATHEW, AMBOOKAN HOUSE, OPPOSITE TO ST. JOSEPH'S U.P.SCHOOL, POYYA, MALA. 2. AANI GEORGE, AMBOOKAN HOUSE, OPPOSITE TO ST. JOSEPH'S U.P.SCHOOL, POYYA, MALA. BY ADV. SRI.P.V.JAYACHANDRAN RESPONDENTS: ---------------------- 1. THE SUB INSPECTOR OF POLICE, POLICE STATION, MALA, TRISSUR. 2. C.J.TITTO, HOUSE NO.18, 1ST STREET, SBO COLONY, DOCK NAGAR, MADURAI, TAMIL NADU. BY GOVT.PLEADER SHRI K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.355 OF 2009 ----------------------------------------------------- DATED THIS THE 7th DAY OF SEPTEMBER, 2009 J U D G M E N T Basant, J. The petitioners are the parents of an adult major woman Tara, aged about 36 years. She is married to the 2nd respondent. The petitioners have come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce their adult major daughter and two children aged 12 years and 5 years. This petition was filed on 27.8.2009. The same was admitted on 28.8.2009 and the case was posted to this date. 2. Today, when the case is called, the 1st petitioner is present. He is represented by a counsel. The alleged detenue Tara has come to this Court along with the 1st petitioner. It is submitted at the Bar by the learned Government Pleader that the police on receipt of notice in this Writ Petition had attempted to ascertain the whereabouts of the alleged detenue Tara. A team of police officials had gone to Madurai. The alleged detenue has W.P.(Crl.)No.355/09 -2- come along with the said police party on 31.8.2009 and she is now with her parents. The parents had alleged in the petition that the alleged detenue is being illegally detained and tortured by her husband, i.e., the 2nd respondent. 3. Today we have interacted with the alleged detenue in the Chamber. She narrates her tale of woes. According to her, there is some strain in the relationship between herself and her husband. But, she does not want to break the marital tie. She is still hopeful of harmoniously settling all outstanding disputes. But she submits that she now wants to continue residence along with the petitioners. She expresses her desire to be permitted to go along with the petitioners with her children. 4. The 2nd respondent has not entered appearance. Notice to him has not been served so far. We have ascertained the wishes of the alleged detenue. She is an adult major woman aged 36 years. We accept her statement that she wants to go along with the petitioners. Her younger child aged five years is also present along with her. 5. This petition is, in these circumstances, allowed. We W.P.(Crl.)No.355/09 -3- permit the alleged detenue Tara to leave the Court with the first petitioner along with her younger child aged five years. The elder male child aged 12 years is now at the residence of the petitioners at Mala, it is submitted. 6. We have, of course, not heard the 2nd respondent. We make it clear that this judgment will not in any way fetter the rights of the 2nd respondent to raise all appropriate and relevant contentions before the appropriate authorities at the appropriate stage. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn