IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(Crl.).No. 330 of 2008(S) ---------------------------------- PETITIONER: --------------- AJIKUMAR, CHUNTHALLOOR PADEETTATHIL, PALLICKAL NADUVILEMURI P.O., KAYAMKULAM. BY ADV. SRI.GEORGE VARGHESE SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT IN THE DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. SUB INSPECTOR OF POLICE, KAYAMKULAM. 4. SUDHI, KAVILAKIZHAKKATHIL, PATHARAM P.O. SOORANADU SOUTH, KOLLAM. 5. RATHNAMMA, KAVILAKIZHAKKATHIL, PATHARAM P.O., SOORANADU SOUTH, KOLLAM. 6. SURENDRAN, KAVILAKIZHAKKATHIL, PATHARAM P.O., SOORANADU SOUTH, KOLLAM. BY GOVERNMENT PLEADER SRI.K.J. MOHAMMED ANZAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 330/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT.P1 : COPY OF FIR No.747/08 OF KAYAMKULAM POLICE STATION. // True Copy // P.A. to Judge. smp KURIAN JOSEPH & K.T. SANKARAN, JJ. -------------------------------------------- W.P.(Crl.) No. 330 OF 2008 -------------------------------------------- Dated this the 3rd day of October, 2008. J U D G M E N T Kurian Joseph, J. Petitioner is the husband of one Jayasree who is said to have been illegally detained by respondents 4 to 6. The petitioner married Smt.Jayasree on 04.09.2006. Pursuant to the direction issued by this Court dated 25.09.2008, petitioner and Jayasree are present before us. We had the assistance of Sri.M.S.Narayanan as Conciliator. Smt.Jayasree submits that she is not in the illegal custody of anybody else. Her marriage with the petitioner has broken down irretrievably and hence she does not want to live with the petitioner. 2. Learned Conciliator brings to our notice that the parties have agreed to settle their disputes amicably in appropriate proceedings before the Family Court, by filing a joint petition under Section 13B of the Hindu Marriage Act. As far as the W.P.(Crl.) No. 330/08 2 settlement of other disputes are concerned, it is agreed that the petitioner will pay an amount of Re.1 lakh (Rupee One lakh only) to Smt.Jayasree and permit Smt.Jayasree to retain the Thali chain. Smt.Jayasree in turn would return the Thali and also release her half share in the property jointly purchased by the petitioner and Smt.Jayasree. We record our appreciation for the sincere efforts taken by the learned conciliator. It is submitted that the parties require a period of six months from today. In that view of the matter, we do not find any merit in the writ petition. It is accordingly dismissed. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp W.P.(Crl.) No. 330/08 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. W.P.(Crl.) No. 330 OF 2008 J U D G M E N T 03.10.2008