IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(Crl.).No. 418 of 2010(S) --------------------------- PETITIONER: --------------- R.SUNIL,AGED 38 YRS,S/O.P.RAMAKRISHNAN, R/AT KAMALALAYAM,NADUVILAKKARA,WEST KALLADA.P.O, PIN-691500. BY ADV. SMT.T.S.MAYA (THIYADIL) SMT.PRINCY XAVIER RESPONDENTS: --------------- 1. SUB INSPECTOR, SASTHAMKOTTA POLICE STATION,PIN-690521. 2. CIRCLE INSPECTOR,SASTHAMKOTTA, PIN-690521. 3. GOVINDAN NAIR, AGED 65 YEARS, R/AT KARIKKADA,NADUVILAKKARA,WEST KALLADA.P.O, PIN-690500. SR. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR ADV. SRI.R.SATISH KUMAR FOR R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** W.P(Crl) No.418 of 2010 ***************************** Dated this the 3rd day of November, 2010 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition to issue a writ of habeas corpus complaining that his wife Sreeja and his two children - Gayathri Sunil and Ganga S.Sunil are both under illegal detention and custody of the 3rd respondent. From 23.10.2010, it is alleged that, they are under illegal detention and confinement. This petition was filed on 27.10.2010. We did not think it necessary to admit the petition. The matter was posted to this date to enable the learned Government Pleader to take instructions. 2. On coming to know of the pendency of this proceedings before this Court, the alleged detenues - Sreeja, and her two children, along with the 3rd respondent, have appeared before Court today. 3. After the lunch recess, we interacted with Sreeja alone initially. Later we interacted with her in the presence of the petitioner. Counsel for both sides and the learned Government Pleader were also present. The 3rd respondent, the father of Sreeja, was also present. W.P(Crl) No.418 of 2010 2 4. Sreeja states before us categorically that she is not under any illegal detention or confinement. She has taken shelter with the 3rd respondent, her father along with her two children. She has a lot of complaints to make against the petitioner herein. Proceedings under the Domestic Violence Act and Criminal Prosecution under Section 498A Cr.P.C have already been initiated. They are in progress. Sreeja states that though the petitioner now assures her that he shall not indulge in any contumacious conduct hereafter, she is unable to accept the same and return to the petitioner now. She prays that she may be permitted to return along with her children with the 3rd respondent, her father, from Court today. 5. In a petition for issue of a writ of habeas corpus, we are primarily concerned with the question whether the alleged detenues are under confinement or detention. Their response is most crucial. We are satisfied that the alleged detenues Sreeja and her two minor daughters are not under any illegal confinement or detention. Sreeja and her children are residing along with the 3rd respondent as per their free will and volition. We are satisfied that no directions under Article 226 of the Constitution deserve to be issued. W.P(Crl) No.418 of 2010 3 6. In the result: a) This petition is dismissed in limine; b) The alleged detenues - Sreeja and her two minor children, are permitted to leave Court along with the 3rd respondent. 7. We make it clear that the dismissal of this Writ Petition will not in any way affect the rights of the spouses to seek appropriate relief in accordance with law from appropriate authorities. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/ W.P(Crl) No.418 of 2010 4 R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** W.P(Crl) No.418 of 2010 ***************************** Dated this the 28th day of October, 2010 W.P(Crl) No.418 of 2010 5 ORDER BASANT, J. Heard the learned counsel for the petitioner. Perused the petition filed by the petitioner. We must say that we are not prima facie satisfied that there is any element of illegal detention or confinement in the residence of the wife and children of the petitioner with his father in law, the 3rd respondent. Counsel is granted time to make further material, if any, to indicate that there is any element of illegal detention or confinement. We are informed that a petition has been filed before the police. We direct the learned Government Pleader to take instructions from respondents 1 and 2 and apprise the Court of relevant facts to enable us to take a decision on the question of admission. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/ W.P(Crl) No.418 of 2010 6