IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(Crl.).No. 370 of 2010(S) --------------------------------------- PETITIONER(S): ---------------------- VIJAYA MADHAVAN. S., S/O.G. SIVASANKARA PANICKER, MUPPARAYIL HOUSE, MUTHUKULAM SOUTH, KAYAMKULAM. BY ADV. SRI.C.S.MANILAL, SRI.S.NIDHEESH. RESPONDENT(S): ------------------------ 1. THE DISTRICT SUPERITNENDENT OF POLICE, ALAPPUZHA, 688 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KAYAMKULAM-690 502. 3. THE SUB INSPECTOR OF POLICE, KAYAMKULAM-690 502. 4. M.S. MAYA, D/O. INDIRA BHAI, MULLUVILA KIZHAKKTHIL, KAKKAKKUNNU.P.O, THRIKUNNAPPUZHA, BHARANIKKAVU, KOLLAM DISTRICT, PIN-690 527. R1 TO R3 BY GOVT. PLEADER MR.T.K. VIPINDAS. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/11/2010, ALONG WITH WPC NO. 28996 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(Crl.).No. 370 of 2010(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE INCOME TAX CLEARANCE CERTIFICATE. EXT.P2: COPY OF THE DIVORCE PETITION BEFORE THE FAMILY COURT, KOLLAM AS O.P. NO. 266/2005. EXT.P3: COPY OF THE SETTLEMENT DEED DATED 28/07/2005. EXT.P4: COPY OF THE O.P.(GUARDIAN)973/2007 BEFORE THE FAMILY COURT, ALAPPUZHA ON 16/11/2007. EXT.P5: COPY OF THE JUDGMENT DATED 18/07/2008 IN O.P. NO.(G&W)973/2007 OF THE FAMILY COURT, ALAPPUZHA. EXT.P6: COPY OF THE RECEIPT FOR ADMISSION FEE REMITTED ON 02/06/2010. EXT.P7: COPY OF THE RECEIPT FOR FEE DATED 07/07/2010. EXT.P8: COPY OF THE RECEIPT FOR FEE DATED 07/07/2010. EXT.P9: COPY OF THE RECEIPT FOR FEE DATED 06/09/2010. EXT.P10: COPY OF THE RECEIPT FOR FEE DATED 06/09/2010. EXT.P11: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 09/09/2010. EXT.P12: COPY OF THE F.I.R. REGISTERED AS CRIME NO.1003/2010 OF KAYAMKULAM POLICE STATION. EXT.P13: COPY OF PHOTOGRAPH OF THE BOY MASTER BHARAT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- W.P.(CRL).NO.370 OF 2010 S & W.P.(C).NO.28996 OF 2010 Y --------------------------------------------- Dated this the 30th November, 2010. JUDGMENT K.M. Joseph, J. Since these cases are common in the sense that they are between the same parties substantially and common questions arise, we dispose of the same by this common Judgment. 2. Petitioner in W.P.(C).No.28996/2010 is the wife of the petitioner in W.P.(Crl).No.370 of 2010. W.P.(Crl).No.370/2010 was filed by the petitioner seeking a writ of habeas corpus, alleging illegal detention of his son by his wife. W.P.(C).No.28996/2010 is filed by the wife complaining of harassment by police. 3. When these matters came up, they were clubbed together and we have passed certain orders therein. Finally, we passed interim order dated 27.9.2010 which reads as follows: “Today, the petitioner, fourth respondent and WP(CRL).370 & WPC.28996/10. 2 Master Bharat, a boy child were present. Learned counsel for the petitioner, learned counsel for the fourth respondent and also the learned Government Pleader were present. We interacted with the father of the petitioner. Petitioner and the fourth respondent are agreeable for staying together at the residence of the petitioner at the address mentioned in the Writ Petition. They are also agreeable to undergo evaluation by a Psychiatrist Dr. A. J. John, Nakkada Hospital at Thiruvalla. In such circumstances, we record their submissions. Accordingly, the fourth respondent along with the child Master Bharat shall proceed to stay with the petitioner at his residence. Petitioner and fourth respondent shall, within a week from today, consult Dr. A.J. John, Psychiatrist, Nakkada Hospital at Thiruvalla, as agreed by them. They will produce a Report in a sealed cover within three weeks from today from Dr. A.J. John, Psychiatrist, Nakkada Hospital, Thiruvalla. Post the case on 25.10.2010 in the Chambers at 1/30 PM.” WP(CRL).370 & WPC.28996/10. 3 4. Subsequently, we have passed Order dated 26.10.2010 which reads as follows: “It is submitted by the learned counsel for the petitioners that the parties are consulting a Doctor in the Medical College Hospital, Kottayam and report will be given from Dr. A.J. John as ordered, after consultation at the Medical College Hospital is over. It is submitted by the parties that now they are residing along with children in the house and presently there are no problems. Call on 30.11.2010.” 5. Today, when the matter came up, the parties handed over the Report of Dr. A. J. John, Psychiatrist. We bave perused it. We notice that the Doctor has taken the view that examination of both the husband and wife does not reveal any suggestion of any psychiatric disorder. 6. We interacted with the petitioners in both the cases today also. They are continuing to reside under one roof with the WP(CRL).370 & WPC.28996/10. 4 children. They have no objection in the arrangement continuing further. In such circumstances, we close both these Writ Petitions on the basis of the interim orders passed as aforesaid. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True Copy// PS to Judge