IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(Crl.).No. 341 of 2010(S) --------------------------------------- PETITIONER(S): ----------------------- PRIJITH K., AGED 37 YEARS, S/O.NANU MATER, "JISHA BHAVAN" VATTIPRAM, MANGATTIDAM P.O., KUTHUPARAMBA, KANNUR DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): -------------------------- 1. STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUPERINTENDENT OF POLICE, KANNUR DISTRICT. 3. THE SUB INSEPCTOR OF POLICE, KUTHUPARAMBA POLICE STATION,KUTHUPARAMBA. 4. SREEJITH K., AGED 33 YEARS, S/O.LATE CHANDRAN, KUNIYIL PUTHENVEEDU, KIZHAKKE KATHIRUR, KATHIRUR P.O, KANNUR DISTRICT, PIN - 670642. 5. VIJAYAN P., AGED 55 YEARS, RAYAROTH HOUSE, MADATHUMBHAGOM, NITTOOR P.O., THALASSERY, KANNUR DISTRICT PIN-670101. 6. RADHA K., AGED 47 YEARS, W/O. VIJAYAN P. RAYAROTH HOUSE, MADATHUMBHAGOM, NITTOOR P.O. THALASSERY, KANNUR DISTRICT.670 101 7. VIDHUL K., AGED 23 YEARS, S/O. VIJAYAN P., RAYAROTH HOSUE, MADATHUMBHAGOM, NITTOOR P.O., THALASSERY, KANNUR DISTRICT PIN - 670101. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS BY ADV. SMT. RAJI.T.BHASKARAN FOR DETENUE THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(Crl) No.341 of 2010 ***************************** Dated this the 24th day of January, 2011 JUDGMENT BASANT, J. This judgment must be read in continuation of the earlier orders passed by this Court in this matter resting with the last order dated 06.12.2010. 2. Both spouses are present. They are represented by their counsel. The learned Government Pleader is also present. 3. We are informed that 9 sovereigns of gold ornaments have by now been handed over by the petitioner to the alleged detenue. 39 grams (1 gram short of 5 sovereigns) of gold ornaments are brought by the petitioner today and are handed over to the wife, ie. the alleged detenue. She accepts the same. All loan transactions have now been closed as agreed. Thus 14 sovereigns of gold ornaments (less one gram) have by today been handed over. 6 more sovereigns and one gram of gold ornaments deserve to be returned now. It is agreed that a petition under Section 13 B of the Hindu Marriage Act shall be filed before the Family Court, Kannur, within a week and the remaining quantify of 6 sovereigns (plus one gram) of gold ornaments shall be returned by the petitioner to the alleged detenue, his wife on or before the day on which the petition W.P(Crl) No.341 of 2010 2 under Section 13 B is taken up for disposal by the Family Court. An amount of Rs.3,000/- (Rupees Three thousand only) has been handed over by the petitioner to the alleged detenue and that covers the maintenance which the petitioner is liable to pay till 19.01.2011. 4. Parties agree that they shall incorporate all the relevant conditions and stipulations in the joint application under Section 13 B of the Hindu Marriage Act to be filed by them. 5. Both sides agree that this petition need not now be continued. This Writ Petition is accordingly closed and dismissed after recording the above facts. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(Crl) No.341 of 2010 3 W.P(Crl) No.341 of 2010 4 R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** W.P(Crl) No.341 of 2010 ***************************** Dated this the 8th day of October, 2010 ORDER BASANT, J. Today when the case is called, the petitioner is not present. He is laid up due to illness, submits his counsel. The alleged detenue Divya is present today. Advocate Raji T.Bhaskar has entered appearance on behalf of the alleged detenue. Along with the alleged detenue, her minor son Ashli has also come to Court. Both counsel request that the matter may be posted to some day in the next week. The child has been with the alleged detenue and has been missing his classes from 30.09.2010. In these circumstances, it is agreed that the petitioner will take the child from the house of the alleged detenue on 10.10.2010 and shall leave the child back at the residence of the alleged detenue on the evening of 15.10.2010. The child can be taken back by the petitioner from the residence of the alleged detenue on the evening of 17.10.2010. W.P(Crl) No.341 of 2010 5 2. Call this petition again on 19.10.2010. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/ W.P(Crl) No.341 of 2010 6 R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** W.P(Crl) No.341 of 2010 ***************************** Dated this the 30th day of September, 2010 ORDER BASANT, J. This order must be read in continuation of the earlier orders passed by us resting with the order dated 14.09.2010. 2. Today when the case came up for hearing, we find that the parties have gone back from the conditions stipulated in the order dated 14.09.2010. Both now seem to feel that it is not possible for them to continue the marital tie. They are now thinking of dissolving the marriage by mutual consent. Terms regarding the same have not been worked out. The parties appear to be in agreement on the following aspects: W.P(Crl) No.341 of 2010 7 i) Divorce by mutual consent can be effected; ii) The child can be given to the custody of the mother with visitorial rights to the father; iii) Maintenance shall be paid for the minor child by the petitioner. Rate of maintenance is in dispute; iv) The wife claims that she is entitled to return of gold ornaments, cash and for discharge of certain loans availed in her name. 3. Parties agree that the discussions can continue next week. They shall come with better and specific proposals by the next day. It is further agreed that till then the child can continue in the custody of the mother. 4. Call this petition again on 08.10.2010. 5. The alleged detenue states that she has not been able to engage a lawyer of her. The Registry shall ensure that services of a counsel is made available to the alleged detenue to render legal aid to her. That counsel shall be requested to be present in Court on 08.10.2010. (R.BASANT, JUDGE) W.P(Crl) No.341 of 2010 8 (M.L.JOSEPH FRANCIS, JUDGE) rtr/