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 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(Crl.).No. 389 of 2009(S) ------------------------------------- PETITIONER(S): ---------------------- ALI M, AGED 35,S/O. MUKHARALI, RESIDING AT PERINGOTTUMUKAL HOUSE, KAILAS COLONY, V.K.C.P.O., THEVAKKAL, KOCHI-682018, ERNAKULAM DIST. BY ADV. SRI.S.MURALI RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY ITS HOME SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, ERNAKULAM DIST. 3. SIVADASAN, AGED ABOUT 60, RUGMANI VILASAM, THILEPADAM, CHANGAMPUZHA NAGAR, SOUTH KALAMASSERY. R1& R2 BY GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(Crl.) No.389 of 2009-S ---------------------------------------------- Dated, this the 25th day of September, 2009 J U D G M E N T K.M.Joseph, J. This writ petition was filed for a writ of Habeas Corpus commanding respondents 2 and 3 to produce the wife and children of the petitioner. The case of the petitioner in brief is that the petitioner is the husband of one Asma and they have two children. His further case is that she got acquainted with the 3rd respondent, Sivadasan. It is the further case of the petitioner that she and the children are under unlawful detention and custody of the 3rd respondent. 2. When the matter came up, in view of certain allegations which were made by the learned counsel for the petitioner and sensing the urgency in the matter, the learned Government Pleader submitted that he will take instructions in the matter. Later on, when the matter was taken up, the alleged detenues were produced before us. WPCRL. No.389/2009 -2- 3. Smt.Asma, wife of the petitioner, would submit that she is not under any detention and she left home on her own volition nearly a month back and she is residing along with her children in a rented house. Ext.P2 is an order passed by the JFCM, Aluva on a petition filed by Smt.Asma under Sec.23 (2) of the Protection of Women from Domestic Violence Act 2005. We notice that, in that petition, notice was ordered to the petitioner returnable by 9.10.2009 and temporary custody of the children was granted to Smt.Asma. 4. Having regard to the facts as aforesaid, we are of the view that we need not pursue this writ petition. Accordingly, this writ petition is closed, without prejudice to the rights of the parties to approach appropriate forum. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. tm/MS