IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(Crl.).No. 45 of 2008(S) PETITIONER: TONY JOSEPH, VENGATHANATHU HOUSE, KANJIRAMATTOM P.O., CHENGALAM EAST VILLAGE, KOTTAYAM. BY ADV. SRI.K.A.HASSAN SMT.V.K.ANJU RESPONDENTS: 1. AUGUSTIN THOMAS @ PAPPACHAN, CHAVANALIL, ALAKKODU P.O., KANNUR DISTRICT. 2. AMMINI THOMAS, W/O. AUGUSTIN THOMAS, CHAVANALIL, ALAKKODU P.O., KANNUR DISTRICT. 3. ANTONY THOMAS, CHETHIMATTOM, PALA, WORKING AS DY.SP.,THODUPUZHA. 4. RAJU, PUTHIYAVEETTIL, CHERPUNKAL, PALA. 5. SUMMY, PUTHIYAVEETTIL, CHERPUNKAL, PALA. 6. SUPERINTENDENT OF POLICE, KANNUR. 7. S.I. OF POLICE, PALLICKATHODU POLICE STATION. 8. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. BY ADV. SRI.GRASHIOUS KURIAKOSE THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL.) 45/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE MARRIAGE CERTIFICATE. EXT.P2 TRUE COPY OF THE PETITION FILED BEFORE THE PALLIKKATHODU POLICE STATION. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(CRL) NO. 45 OF 2008 = = = = = = = = = = = = = = = DATED THIS, THE 20TH DAY OF FEBRUARY, 2008. J U D G M E N T Raman, J. Petitioner alleges that his wife Anu is under the illegal custody of her parents. According to the petitioner, his marriage with Anu was solemnised at Mar Sleeva Church, Kanjiramattom on 15.2.2008 and they were leading a happy marital life. While so, Respondents 1 to 5 were trying all their best to separate the matrimonial companionship of the petitioner with Anu, the alleged detenue and during January, 2008 her parents who are respondents 1 and 2 herein, visited his house and Anu was taken to Alakkodu along with them promising that she will be sent back within a week's time. But she was not sent back as promised. 2. Pursuant to the orders issued by this Court, the alleged detenue Ms. Anu appeared before us. We interacted with her. She has stated that she is aged 26 years and she has studied up to B.A. She also admitted her marriage with the petitioner; but stated that her life with the petitioner was a miserable one and she does not wish to continue the said relationship. She further stated that she is now residing with her parents on her free will and volition and not out of any compulsion from their part. she is a free person WP(CRL.) 45/2008 :2: and the allegation that she is under illegal custody is also denied. We have also interacted with the petitioner. In view of the submission made by the alleged detenue Anu, no case is made out that she is under any illegal custody warranting interference in a writ petition of this nature. In the circumstances, the writ petition is dismissed. However, this will not stand in the way of the petitioner in seeking other relief from appropriate forum, if he is otherwise entitled to and if so advised. P.R. RAMAN, (JUDGE) V. K. MOHANAN, (JUDGE) knc/-