IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(Crl.).No. 391 of 2008(S) --------------------------- PETITIONER(S): --------------- SRI.VIPIN CHANDRAN S/O.SURESH KUMAR, AGED 27 YEARS, "CHITHIRA" MEPPALLY LANE, PALKULANGARA, PETTAH, THIRUVANANTHAPURAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) SRI.S.HARIKRISHNAN SRI.V.VENUGOPALAN NAIR RESPONDENTS: ----------------- 1. THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE PETTAH,THIRUVANANTHAPURAM. 4. SUB INSPECTOR OF POLICE, VANCHIYOOR THIRUVANANTHAPURAM. 5. SUB INSPECTOR OF POLICE, PAZHAYANGADI POLICE STATION, KANNUR. 6. UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 7. THE AMBASSADOR TO GOVERNMENT OF INDIA AT BAHRAIN, INDIAN EMBASSY, BAHRAIN. 8. MR.MOHAMMED SHAFI, AMINA MANZIL, PAZHAYANGADI P.O., KANNUR, NOW EMPLOYED AT ARAB BANK, MANAMA, BAHRAIN RESIDING AT FLAT NO 22, BUILDING NO. 1140, ROAD NO. 615,BLOCK NO.306 MANAMA, BAHRAIN,PH 00973-39843152. ADV. SRI.A.MOHAMED MUSTAQUE FOR R8 SRI.KAUSER EDAPPAGATH FOR R8 GOVERNMENT PLEADER SRI. V.T.K.MOHANAN ADV. SRI.P.PARAMESWARAN NAIR (ASST. SOLICITOR GENERAL) THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(Crl) No.391/2008 2 APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF THE MARRIAGE CERTIFICATE DATED 9.9.2008 CERTIFY THE MARRIAGE BETWEEN THE PETITIONER AND SHAMLA WAS SOLEMNIZED, ISSUED BY THE MARRIAGE OFFICER, THIRUVANANTHAPURAM. EXT.P2: COPY OF THE COMPLAINT DATED 17.10.2008 AND THE COMPLAINT SLIP ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPIES OF SOME OF THE PHOTOGRAPHS OF THE PETITIONER AND HIS WIFE. EXT.P4: COPY OF THE DETAILS OF INITIAL REGISTRATION FORM IN RESPECT OF SHAMLA'S STUDY AND HER ID CARD. EXT.P5 SERIES: COPIES OF 3 STATEMENTS OF SHAMLA GIVEN BEFORE THE BAHRAIN EMBASSY ALONG WITH THE FAX MESSAGE OF THE AMBASSADOR OF INDIA, BAHRAIN. EXT.P6: COPY OF THE FIR NO.431/06 AGAINST THE 8TH RESPONDENT REGISTERED BY VANCHIYOOR POLICE. RESPONDENTS EXHIBITS: EXT.R8(a): COPY OF THE AFFIDAVIT FILED BY THE DETENUE. EXT.R8(b) IN I.A.883/09: COPY OF THE CERTIFICATE ISSUED BY ARAB BANK, BAHRAIN DATED 18.1.2008. EXT.R8(b) IN I.A.1497/09: COPY OF THE AIR TICKET. TRUE COPY P.A.TO JUDGE dvs dvs KURIAN JOSEPH & K.T. SANKARAN, JJ. ------------------------------------------ W.P.(Crl) No.391 OF 2008 ------------------------------------------ Dated this the 30th day of January, 2009. J U D G M E N T Kurian Joseph, J. This writ petition was filed alleging that the petitioner's wife Smt.Shamla is under the illegal custody of the 8th respondent. The writ petition was filed on 30.10.2008 and there were many intervening developments which lead to passing of several orders by this Court compelling production of Smt.Shamla. 2. In the nature of the order we propose to pass now, we do not think that we should refer to those unfortunate developments which we are sure could have been avoided by the 8th respondent. Be that as it may, today Smt.Shamla is present before us. We permitted her to talk to the petitioner. After talking to the petitioner, Smt.Shamla submits that she is a free person and she wants to go with her parents. Her mother is also present today. W.P.(Crl) No.391/08 2 3. In view of the above submission, it is not necessary for this Court to go into the various aspects of the case since it is for the petitioner to workout further grievance, if any, in appropriate proceedings, being a matrimonial dispute. Without prejudice to such liberty, this writ petition is dismissed. 4. Sri.Mohammed Mustaque, learned counsel appearing for the 8th respondent submits that the 8th respondent or his daughter Smt.Shamla never intended to cause any inconvenience to this Court or to the parties and unconditional apology is also tendered through the counsel for the inconvenience if any caused which lead to the passing of the interim orders which are referred to above. In the above circumstances, we make it clear that the 8th respondent need not be present before this Court since we do not propose to pursue the proceedings for contempt. The entire proceedings for contempt are dropped. We also make it clear that the 8th respondent and his daughter Smt.Shamla are no more bound by the orders passed by this Court with regard to W.P.(Crl) No.391/08 3 travel and they are free to travel anywhere they want. No permission from this Court is necessary. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp