IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(Crl.).No. 513 of 2011(S) ------ --------------------------- PETITIONER(S): ---------------------- JOVAN JOSE.K.V., S/O.K.V. VARGHESE, AGED 30 YEARS, R/AT JOVAN NIVAS, NEAR CHC, KUMBLA.P.O., KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, KUMBLA POLICE STATION, KUMBLA P.O., KASARAGOD DIST. 671 321. 3. STATION HOUSE OFFICER, KUMBLA POLICE STATION, KUMBLA P.O., KASARAGOD DIST. 671 321. 4. K.J. JOSEPH, AGED 59 YEARS, R/AT. KARUTHEDATH HOUSE, RAGHAVENDRA CIRCLE, HINKAL P.O., MYSORE, KARNATAKA STATE, PIN-570 017. 5. MARY K.JOSEPH, AGED 58 YEARS, W/O.K.J.JOSEPH, R/AT.KARUTHEDATH HOUSE, RAGHAVENDRA CIRCLE, HINKAL P.O., MYSORE, KARNATAKA STATE, PIN-570 017. 6. JESLINE K.JOSEPH, AGED 27 YEARS, D/O.K.J.JOSEPH, R/AT.KARUTHEDATH HOUSE, RAGHAVENDRA CIRCLE, HINKAL P.O., MYSORE, KARNATAKA STATE, PIN-570 017. R1 TO R3 BY ADV.SRI.T.RAMAPRASAD UNNI R4 TO R6 BY SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(Crl.).No. 513 of 2011(S) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1: TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 22/12/2009. EXT.P2: TRUE COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT BY THE PETITIONER. EXT.P3: TRUE COPY OF THE ACKNOWLEDGE DT.1/11/2011 BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : EXT.R4(1) : AFFIDAVIT OF SMT.JOYLIN K JOSEPH. EXT.R4(2) : RECEIPT DTD 19/12/2010 ISSUED BY STATION HOUSE OFFICER, KUMBALA POLICE STATION. EXT.R4(3) : RECEIPT DTD 27/01/2011 ISSUED BY CIRCLE INSPECTOR OF POLICE, WOMEN CELL, KASARAGOD. EXT.R4(4) : RECEIPT DTD 29/01/2011 ISSUED FROM DISTRICT POLICE OFFICE, KASARAGOD. //TRUE COPY// P.A TO JUDGE. STU THOTTATHIL B. RADHAKRISHNAN & C.T. RAVIKUMAR, JJ. -------------------------------------------- W.P.(Crl.). NO. 513 OF 2011 -------------------------------------------- Dated this the 17th day of November, 2011 JUDGMENT Thottathil B. Radhakrishnan, J. The petitioner alleges that his wife and children are under illegal custody of her parents. 2. We have an elaborated counter affidavit accompanied by Ext.R4(1) an affidavit of the petitioner's wife sworn to before the Notary Public in Mysore. She categorically states therein that she is not prepared to go with the petitioner. The recitals in Ext.R4(1) do not prompt us to think that we should now proceed, if possible, to consider, having some negotiation proceedings by way of ADR. We accordingly, close this writ petition on the basis of Ext.R4(1) affidavit of the alleged detenue who specifically states therein that she is not under illegal detention. 3. We clarify that we have not mentioned anything about other issues between the couple or the children or the parents-in-law. It will be W.P.(Crl.) 513/11 2 open to the parties to seek appropriate remedies elsewhere, in accordance with law. Ordered accordingly. THOTTATHIL B. RADHAKRISHNAN (Judge) C.T. RAVIKUMAR (Judge) spc W.P.(Crl.) 513/11 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(Crl.) 513/11 4