IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(Crl.).No. 264 of 2008(S) --------------------------- PETITIONER: ------------------ SREENIVASAN.R., AGED 65 YEARS S/O.RAMAN, SREERAMA VILASAM KALLUVATHIKKAL VILLAGE, VELAMANOOR PO PARIPPALLY, KOLLAM. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.SADHANA KUMARI ESWARI RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. S.I. OF POLICE, PARIPPALLY POLICE STATION, KOLLAM. 3. JOY, S/O.GOPIPILLAI, ABHINALAYAM, POOTHAKULAM PO., OONNINMOODU, KOLLAM. R1 & R2 BY GOVT. PLEADER SMT. M.K.PUSHPALATHA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).No.264/2008 APPENDIX PETITONER'S EXT: EXT.P1 TRUE COPY OF THE F.I.R. DATED 28/5/2008 P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(Crl)NO.264 OF 2008 -------------------------------- Dated this the 31st day of July,2008 JUDGMENT Raman,J. Petitioner alleging that his daughter-in-law by name Naima, aged 25 years, who was residing with him, was found missing from 24/5/2008, has filed this writ of habeas corpus for a direction to produce the corpus of Naima before this Court and for passing appropriate orders. 2. It is averred that Naima married the son of the petitioner, Baiju on 1/10/2002 and now he is abroad. It was also averred that as usual she went to the computer class on 24/5/2008; but she did not return. When the matter came up for admission, the 3rd respondent entered appearance through counsel and agreed to produce the alleged detenue. Accordingly, we posted the case on today. 3. We have interacted with the 3rd respondent as also the petitioner's daughter-in-law, Naima. She stated that she went along -2- WP(Crl).No.264/2008 with the 3rd respondent of her own accord. Even though she married the petitioner's son in 2002, she has not given birth to a child and because of this she says that both her husband as well as the father- in-law were finding fault with her, she developed a liking with the 3rd respondent, with whom she resides now. The 3rd respondent stated that he has already having wife and two children. It appears that his relationship with his family is also strained. The petitioner though has filed this writ of habeas corups, he is not prepared to take the alleged detenue, Naima. 4. Since we find that the alleged detenue is a major and she is not under the illegal custody of anybody, we let her free. The Writ Petition stands dismissed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.