IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(Crl.).No. 159 OF 2008(S) --------------------------- PETITIONER: ------------ SAJEEV KUMAR.M.L., MANAKKILATH HOUSE, P.O.VELLAYANIKKARA, CHIRAKKECODE, TRICHUR - 680 654. BY ADV. SRI.P.PARAMESWARAN NAIR RESPONDENTS: ------------- 1. P.M.VARGHESE, 'SHINO NIVAS'., OONNUKAL P.O., CHENNEERKKARA, PATHANAMTHITTA, KERALA. 2. ANNAMMA VARGHESE, 'SHINO NIVAS'., OONNUKAL P.O., CHENNEERKKARA, PATHANAMTHITTA, KERALA. 3. CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA. BY ADV. SRI.P.HARIDAS FOR R1-2 GOVT. PLEADER SMT. M.K. PUSHPALATHA. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL.) 159/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PHOTOGRAPHS EVIDENCING THE MARRIAGE OF THE PETITIONER AND THE RESPONDENTS' DAUGHTER. EXT.P2 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY SREE NARAYANA BHAKTHA PARIPALANA YOGAM DATED 23.4.2007. EXT.P3 TRUE COPY OF THE BOARDING PASS ISSUED BY THE KUWAIT AIRWAYS IN RESPECT OF THE PETITITONER, HIS WIFE AND THE PETITIONER'S MOTHER. EXT.P4 TRUE COPY OF THE PHOTOGRAPHS EVIDENCING HER PRESENCE AT THE WEDDING CEREMONY ALON G WITH THE PETITIONER. EXT.P5 TRUE COPY OF THE COMPLAITN FILED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA DATED 18.5.2008. EXT.P6 TRUE COPY OF THE RECEIPT ACKNOWLEDGING THE COMPLAINT. RESPONDENTS' EXHIBITS: EXT.R1(a) TRUE COPY OF THE MARRIAGE INVITATION. EXT.R1(b) TRUE COPY OF AN AFFIDAVIT EFFECTING CORRECTIONS IN THE OFFICIAL RECORDS DATED 8.5.2008. EXT.R1(c) TRUE COPY OF THE PETITION DATED 15.5.2008. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(CRL). NO. 159 OF 2008 = = = = = = = = = = = = = = = = DATED THIS, THE 14TH DAY OF JULY, 2008. J U D G M E N T Raman, J. Petitioner alleges that his wife Shino Varghese is kept under illegal custody by her parents who are the party respondents herein. Pursuant to the notice issued, Respondents 1 and 2, the parents of the alleged detenue have filed a counter affidavit stating that their daughter is not with them and she is still abroad. True there is also an averment that she is married. We are not adjudicating regarding the status of the parties and it is up to them to work out their remedies, if there is any dispute with regard to that aspect. So long as the alleged detenue is not in the custody of the parents and since she is living in a foreign country, and in the absence of any material to show that she is under the illegal custody of anybody, no relief can be granted in this proceeding. Accordingly, this writ petition is closed with liberty to the petitioner to approach whichever forum available to him under law, for any other relief. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-