IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(Crl.).No. 351 of 2011(S) -------------------------------------- PETITIONER: ------------------- SOBHI, AGED 50, S/O.JOSEPH, KALLADAYIL HOUSE, MANJOOR P.O., KURUPPANTHARA, KOTTAYAM DISTRICT. BY ADVS. SRI.R.BINDU SASTHAMANGALAM, SRI.PRASANTH M.P. RESPONDENTS: ------------------------ 1. SUB INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION, KOTTAYAM DISTRICT, PIN- 686 001. 2. CIRCLE INSPECTOR OF POLICE, KADUTHURUTHY POLICE STATION, KOTTAYAM, PIN -686 001. 3. DEPUTY SUPERINTENDENT OF POLICE, PALA,PIN -686 975. 4. SUPERINTENDENT OF POLICE, KOTTAYAM, PIN 686 001. 5. MATHEW PALLATTU @ MATHACHAN, S/O.MATHEW, PALLALTTU HOUSE, PALAYAM P.O., CHERPUNKAL, KOTTAYAM DISTRICT, PIN- 686 584. 6. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001. R1 TO R4 & R6 BY SR. GOVT. PLEADER SRI. P.K. BABU, R5 BY ADV. SRI.JOSEPH T.JOHN. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.351/2011-S: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE COMPLAINT DTD. 01/09/2003 LODGED BEFORE THE R.1. BY THE COMPLAINANT. RESPONDENTS' EXHIBITS: EXT.R5.A: COPY OF THE MARRIAGE CERTIFICATE DTD. 05/01/2009. EXT.R5.B: COPY OF THE IDENTITY CARD ISSUED FROM ELECTION COMMISSION OF INDIA DTD. 28/02/2009. EXT.R5.C: COPY OF THE REPRESENTATION DTD. 13/01/2005 FILED BY THE SOBINA MOL JOSEPH BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, KOTTAYAM. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(Crl) NO: 351 OF 2011 ----------------------------------------------------------- Dated this the 2nd August, 2011. JUDGMENT Thottathil B. Radhakrishnan, J. The petitioner contends that his daughter is in illegal custody of the fifth respondent. The said daughter Sobinamol Joseph is present before us. She is firm in her views. Ext.R5(a) is the certificate of marriage issued under the Special Marriage Act, 1954. It evidences the marriage between the alleged detenue and the fifth respondent. The apprehension of the petitioner is that the fifth respondent is the husband of the petitioner's wife's sister. This is misplaced because we have now seen the common order issued by the Family Court at Kottayam by which O.P.594/2006 filed by the fifth respondent seeking divorce from Marykutty was ordered. In fact his request was not granted. However, the Family Court allowed the counter claim of the wife and granted divorce. This obviously means that there is no continued matrimonial tie between the fifth respondent and Marykutty. WP(Crl) 351/2011 2 2. Under such circumstances we do not find any ground to hold that the alleged detenue is in illegal detention of the fifth respondent. At any rate, we are satisfied of her expressions made clearly to us that she lives with the fifth respondent. We record the submission and close the writ petition. THOTTATHIL B. RADHAKRISHNAN Judge K. SURENDRA MOHAN Judge jj WP(Crl) 351/2011 3