IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(Crl.).No. 516 of 2009(S) --------------------------- PETITIONER(S): --------------- BINU KURUVILLA, S/O.KURUVILLA, AGED 35, PALAPARAMBIL HOUSE, CHEMPONDA P.O., KOZHIKODE-673528. BY ADV. SRI.VARGHESE PREM RESPONDENT(S): --------------- 1. SEBASTIAN, AGED ABOUT 69, TEREAKKATTU HOUSE, ARANGU P.O., NEDUVIL VIA., KANNUR-620 582. 2. CHINNAMMA, AGED ABOUT 65, W/O.SEBASTIAN, TEREAKKATTU HOUSE, ARANGU P.O., NEDUVIL VIA., KANNUR-620 582. 3. SUPERINTENDENT OF POLICE, KANNUR. 4. SUB INSPECTOR OF POLICE, KUDIYAN MALAI POLICE STATION, KANNUR. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.516 of 2009 ---------------------------------------- Dated this the 9th day of December 2009 J U D G M E N T Basant,J The petitioner has come to this court with this petition for issue of a writ of habeas corpus to search for, trace and produce his wife aged 29 years and his two children aged 3 years and 1 ½ years, who, according to him, are illegally detained and confined by respondents 1 and 2, who are none other than his father-in- law and mother-in-law. According to the petitioner, while he was on duty, his brother-in-law, employed abroad, had come to his residence and had taken away his wife and children on 20/10/2009. Subsequently, he was not permitted to interact with his wife and children. The petitioner apprehended that they were being illegally detained and confined against her will and desire by respondents 1 and 2. 2. This petition was filed on 04/12/2009. It came up for admission on that day. We expressed the opinion that we are not prima facie satisfied that there is no reason to assume that the wife and children are under illegal confinement or detention. W.P.Crl No.516/09 2 However, we directed the learned Government Pleader to take instructions. 3. Today when the matter came up for hearing, the learned Government Pleader submits that enquiry by the police has revealed that the wife and children are not under illegal confinement or detention. The wife had returned to her parental home. She had caused a notice to be issued to the husband which, by now, has been received and acknowledged by the petitioner/husband. The wife was enabled by her relatives to secure an employment abroad. She has already gone abroad to take up an employment at Dubai. She is a qualified Microbiologist. Address and phone number of the alleged detenue at her place of employment has been furnished to the learned counsel for the petitioner. The children are with respondents 1 and 2 at the moment. In these circumstances, the learned Government Pleader submits that, in the assessment of the police, there is no question of any illegal confinement or detention. 4. The learned counsel for the petitioner accepts that the notice issued by his wife has been received by him. However, the learned counsel for the petitioner submits that if this court W.P.Crl No.516/09 3 would pro-actively insist on the personal presence of the alleged detenue along with the children before this court for which all necessary expenses shall be met by the petitioner, there is a real and reasonable possibility of a harmonious settlement of the disputes. 5. We have rendered our anxious consideration to the request of the learned counsel for the petitioner. We are not persuaded to agree that this court exercising jurisdiction in this application for issue of a writ of habeas corpus, can, need or should resort to such course. The petitioner must ideally move the Family Court for restitution of conjugal rights or custody of the children and there he can make such offers/requests. There is no reason to assume that the Family Court shall not consider his request/offer in accordance with law and expeditiously. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.Crl No.516/09 4 W.P.Crl No.516/09 5 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009