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 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(Crl.).No. 458 of 2009(S) --------------------------- PETITIONER(S): --------------- XAVIER.V.P., S/O.LATE PETER, VALLANAT HOUSE, KUMBALANGY P.O., ERNAKULAM DISTRICT. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): --------------- 1. THE COMMISSIONER OF POLICE, COCHIN CITY. 2. THE CIRCLE INSPECTOR OF POLICE, PALLURUTHY. 3. THE SUB INSPECTOR OF POLICE, KOCHI. KUSABA POLICE STATION, PALLURUTHY. 4. MR.XAVIER, PALAMPALLY HOUSE, WARD NO.13, NEAR ST.PETER'S CHURCH, KUMBALANGY P.O., ERNAKULAM DISTRICT. BY G.P. SMT. SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No.458 of 2009-S ------------------------------------------------- Dated this the 13th day of November, 2009 JUDGMENT 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 two sons - Prince and Rixon, aged 12 years and 10 years and his wife Metilda @ Metty who are now allegedly found missing from 28/5/09. The petitioner apprehended that his wife and two minor children were being illegally detained by the 4th respondent herein. It is, in these circumstances, that he came to this Court with this petition on 5/11/09. 2. This writ petition was admitted on 6/11/09 and the matter was posted to this date. Today, when this petition was called, the petitioner and his counsel are present. The 4th respondent and his counsel are present. The alleged detenues W.P.(Cri) No.458 of 2009 -: 2 :- - wife and two minor children, have also come to this Court. 3. We interacted with the alleged detenue. She is an adult woman aged 35 years. She stated categorically that she is not under the illegal detention or custody of any one. She admitted that she knows the 4th respondent. She further accepted that she was employed in the shop of the 4th respondent. But, according to her, she was subjected to physical and mental cruelty by the petitioner - her husband, and this had obliged her to take shelter at the Muringoor Dhyana Kendra. Later, she left the Dhyana Kendra and she is now residing in a rented house in Kalavoor which, according to her, she was able to find out and secure with the assistance of the 4th respondent. According to her, she has no illegal, illicit or improper relationship with the 4th respondent. The 4th respondent is a neigbour to her matrimonial home where she and her children resided along with the petitioner. Her husband used to physically and mentally belabour her. It became impossible for her to tolerate such acts of cruelty. As a neighbour and the employer of the alleged detenue/wife, the 4th respondent used to intervene in such quarrels. But it is totally incorrect to say that she has improper, illegal or illicit relationship with the 4th respondent. 4. We interacted with the alleged detenue/wife and the W.P.(Cri) No.458 of 2009 -: 3 :- petitioner in our Chamber after lunch recess. The learned counsel for the 4th respondent as also the learned Government Pleader were present. The alleged detenue has not engaged any counsel. 5. We are satisfied, after our interactions, that the wife and two minor children of the petitioner - the alleged detenues, are not under the illegal confinement or detention of any one. They have taken residence in a rented house at Kalavoor within the jurisdiction of the Alappuzha North Police Station voluntarily and not under the undue influence, confinement or detention of any one. In these circumstances, we are satisfied that no further directions are necessary in this writ petition. 6. The learned counsel for the petitioner submits that the petitioner, as the father of the two minor children, is deeply interested in the welfare and the educational prospects of his minor children. His wife - the alleged detenue, asserts that both the children have now been admitted to a Government school at Kalavoor and they are attending the school now. 7. The alleged detenue/wife was requested to reveal her address and place of residence. She is not able to give such address and details. However, the learned Government Pleader, after ascertaining from the police, reports that the alleged W.P.(Cri) No.458 of 2009 -: 4 :- detenue is residing in a rented house owned by one Hamsakoya within the jurisdiction of the Alappuzha North Police Station. The house is situated at Apoorkavala, submits the alleged detenue/wife. She airs the apprehension that the petitioner may disturb her peaceful residence there. Appropriate directions may be issued to ensure that the petitioner does not cause any difficulties to her, submits the alleged detenue/wife. 8. The petitioner through his counsel undertakes before us that he shall not cause any difficulties or interference with the peaceful residence of the alleged detenue/wife with the children in that house. But the learned counsel submits that the rights of the petitioner to move the Family Court seeking appropriate reliefs in respect of his spouse and children may be reserved. Needless to say that the petitioner's option to pursue all remedies in accordance with law shall remain unfettered by the dismissal of this writ petition. But we make note of the grievance of the alleged detenue/wife and the undertaking of the petitioner/husband that he shall not disturb her peaceful residence at her present place of residence in Kalavoor within the jurisdiction of the Alappuzha North Police Station. The learned Government Pleader undertakes that the police at the Alappuzha North Police Station shall ensure that no disturbance W.P.(Cri) No.458 of 2009 -: 5 :- and difficulties are caused to the peaceful residence of the alleged detenue/wife with her children in her present place of residence. 9. Recording these facts, this writ petition is dismissed. Sd/ R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge