IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(Crl.).No. 509 of 2011(S) --------------------------- PETITIONER(S): -------------- DAMODARAN, AGED 62 YEARS, SURESH BHAVANAM, PUTHUKUNDAM, KARTHIKAPPALLY PO, KARTHIKAPPALLY, ALAPPUZHA DISTRICT. BY ADVS. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.S.SIDHAN SRI.V.K.RAJANANDAN RESPONDENT(S): -------------- 1. RAMESH, RAMESH BHAVANAM, VETTUVENI MURI, HARIPAD P.O., ALAPPUZHA DISTRICT-689 061. 2. DHANEESH, THARAYIL HOUSE, VETTUVENI MURI, HARIPAD P.O., ALAPPUZHA DISTRICT-689 061. 3. MOHANAN, THARAYIL HOUSE, VETTUVENI MURI, HARIPAD P.O., ALAPPUZHA DISTRICT-689 061. 4. SUB INSPECTOR OF POLICE, HARIPAD POLICE STATION, HARIPAD, ALAPPUZHA DISTRICT-689 061. R1 BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL R2 BY ADV. SRI.VINEENT JOSEPH R4 BY GOVERNMENT PLEADER SRI.R.PADMARAJ THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(Crl.)No.509 of 2011 ---------------------------------------- Dated this the 14th day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner says that his daughter, who is the wife of the first respondent, is missing. He apprehends that the first respondent does not appropriately taken care of her. The alleged detenue is present today. She has come with the 2nd respondent. We interacted with her. She is well oriented. She says that she is around 34 years of age. She has two children in the matrimony with the first respondent. She has some allegations against the first respondent which we do not record here. That may be a matter for consideration in other jurisdictions, if it becomes necessary. We are, however, certain that she is clear in her mind and firm that she would go to live with the 2nd respondent, who she says is 10 years younger to her, but then, has agreed to take care of her. We thus see that she is well oriented. Therefore, we find that the alleged detenue can take her own path appropriately. We do not express anything on the merits of any of the contentions between respondents 1 to 3 or the alleged detenue and the petitioner. WP(Crl.).No.509/2011 2 2. We interacted with the 2nd respondent. He tells us that the alleged detenue will go with him and he will take care of her. He says that he is an employee in a workshop in Coimbatore. He and the alleged detenue admit that they were residing together for the last two months. We record this. 3. Having found that the alleged detenue is not under any illegal detention and is well oriented, we close this matter leaving the parties to work out their remedies in appropriate jurisdiction. The alleged detenue is free to go with the 2nd respondent, if she so chooses. Ordered accordingly. THOTTATHIL B. RADHAKRISHNAN Judge C.T.RAVIKUMAR Judge TKS/14.11.11