IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(Crl.).No. 377 of 2011(S) ------------------------------------ PETITIONER(S): ---------------------- BENNY BEN THOMAS, MUNDACKAL,EBENEZER COTTAGE, NOORANAD P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.NAVA VARGHESE RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO THE GOVERNMENT,HOME DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT 680 001. 3. CIRCLE INSPECTOR OF POLICE, HARIPPAD 690 514. 4. BABU,PERUMPALLIL KIZHAKKETHIL, KARUVATTA P.O., HARIPPAD, ALAPPUZHA 690 514. 5. ROSAMMA BABU,PERUMPALLIL KIZHAKKETHIL, KARUVATTA P.O.,HARIPPAD,ALAPPUZHA 690 514. R1 to R3 BY GOVERNMENT PLEADER SRI.JITHESH.R. R4 & R5 BY ADV. SRI.M.V.JOSEPH (ALAPPUZHA) THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR 377 OF 2011: PETITIONER'S EXHIBITS: EXT.P1.A TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE REGISTRAR OF MARRIAGES, PALAMEL GRAMA PANCHAYATH DATED 19.9.2008. EXT.P2.A TRUE COPY OF BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTH AND DEATH OF MAVELIKARA MUNICIPALITY DATED 9.11.2010. EXT.P3.A TRUE COPY OF THE COMPLAINT MADE TO RESPONDENT 3 DATED 10.8.2011. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(Crl.) No.377 of 2011-S ----------------------------------------- Dated, this the 19th day of August, 2011 J U D G M E N T K.M.Joseph, J. Petitioner seeks a writ of Habeas Corpus for production of his wife and child. Allegation of illegal detention is made against respondents 4 and 5. We have passed order dated17.8.2011. 2. Today when the matter came up, petitioner and his wife were present. We heard the learned counsel. We have perused the report of the Doctors. Petitioner would say that he is prepared to go for De addiction Treatment and for Family Therapy. The wife also agrees that she will go for Family Therapy. On this basis the wife is prepared to go with the petitioner and resume cohabitation. We record these statements and close the Writ Petition (Criminal) allowing the wife with child to go with the petitioner. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS