IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(Crl.).No. 284 of 2009(S) --------------------------- PETITIONER : --------------- S.SURESH S/O.M.SUDHEENDRAN, AGED 33 YEARS CHARUVILAPUTHENVEEDU,MISSION COLONY PERUMKULAM PO,THIRUVANANTHAPURAM DISTRICT 695 302 BY ADV. SRI.K.M.FIROZ RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE KADAKKAVUR POLICE STATION, THIRUVANANTHAPURAM 695 306. 2. THE DY.SUPERINTENDENT OF POLICE ATTINGAL, THIRUVANANTHAPURAM DISTRICT. 3. THE SUPERINTENDENT OF POLICE (RURAL) OFFICE OF THE SUPERINTENDENT OF POLICE (RURAL) THIRUVANANTHAPURAM. 4. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO STATE HOME DEPARTMENT, TRIVANDRUM. 5. SEETHA W/O.R.RAVI, AGE 50 YEARS R.S.BHAVAN, PERUMKULAM PO ALAMKODE VIA, THIRUVANANTHAPURAM DISTRICT 695 302. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.284 of 2009 ------------------------------------- Dated this the 24th day of July, 2009 JUDGMENT BASANT, J. The petitioner, a young man aged about 33 years, has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his wife Rejitha, aged 22 years, who, he complains and apprehends, has been illegally detained and confined by her mother-the 5th respondent herein. 2. This petition was filed on 17.07.09. It was admitted on the same day and notice was ordered to the respondents. Today when the case is called, the petitioner and his counsel are present. The 5th respondent and his counsel are also present. The alleged detenue Rejitha has also come to Court along with the 5th respondent. We ascertained from her whether she wants to have interactions with the petitioner herein. But she stated emphatically that she does not want to. We allowed the alleged detenue Rejitha to remain in the Chamber without the possibility of being influenced by anyone so that we could ascertain her free and frank response at 1.45 p.m. W.P(Crl.) No.284 of 2009 2 3. Accordingly we met her after 1.45 p.m in the Chamber. She asserted that she is aged 22 years she having been born on 06.08.1986. She admitted that she had married the petitioner herein on 04.10.2008 against the wishes of her parents. The spouses had lived together for some period of time, but they have later separated. She is now residing along with her mother, the 5th respondent. She unambiguously stated before us that she is not under the detention or confinement of anyone and that she has come to the decision that a divorce will have to be sought. She further stated before us that already an application for divorce has been filed before the Family Court, Nedumangad. The same is pending though the petitioner herein has not been served and has not entered appearance in that case. 4. We interacted with the petitioner, the 5th respondent, the alleged detenue and their counsel. The learned Government Pleader was also present in the Chamber during such interactions. 5. In a petition for issue of a writ of habeas corpus like this, we are concerned only with the question whether the alleged detenue has been detained and confined against her W.P(Crl.) No.284 of 2009 3 wishes and desire. We are convinced that she is not. This, we are satisfied, is purely a matrimonial dispute between the petitioner and the alleged detenue and the alleged detenue is residing with her mother now on her own free will and volition. She is a graduate [B.A (English)] and is now a post graduate student. We respect her decision and we are satisfied that no further directions are necessary in this Writ Petition. 6. This Writ Petition is, in these circumstances, dismissed. As desired by the alleged detenue, she is permitted to leave the Court along with her mother. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-