IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(Crl.).No. 378 of 2011(S) --------------------------------- PETITIONER(S): -------------------- VIJAYAKUMAR PARTHAN, S/O.PARTHAN, AGED 32 YEARS, PUTHANVILAYIL HOUSE, THENGINKAVU P.O., MALLASSERY, PATHANAMTHITTA. BY ADVS. SRI.C.ARUN PRASANTH SRI.A.S.BRIJESH SMT.ROOPA RAMACHANDRAN RESPONDENT(S): -------------------- 1. NIMISH, M/S.TECHNO TEL, BEL MOUTH BUILDING, KURUPPAM ROAD JUNCTION, THRISSUR, PIN-680 001. 2. SUB INSPECTOR OF POLICE, KONNI POLICE STATION, PATHANAMTHITTA - 691 001. 3. CIRCLE INSPECTOR OF POLICE, KONNI POLICE STATION, PATHANAMTHITTA - 691 001. R2 & R3 BY GOVT. PLEADER SRI.P.K.BABU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(CR). NO. 378/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE INVITATION CARD REGARDING THE MARRIAGE OF THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- W.P(Crl.).No.378 OF 2011 ------------------------------------ Dated this the 18th day of August, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. Following earlier orders, learned Government Pleader says that the petitioner's wife, the alleged detenue, has been traced to be residing with the first respondent. It is stated that she cohabits with him and now has a baby aged 28 days. In the aforesaid circumstances, we close this writ petition without prejudice to the petitioner seeking remedies that may be available to him in accordance with law on the basis of his legal rights attendant to the pleaded matrimonial tie. We also do not take cognizance of any of the allegations against the petitioner. We also clarify that this judgment does not, in any manner, express, either way, on the existence of a marriage WPCR.378/11 2 between the petitioner and the alleged detenue or about the conduct of the parties. All such issues remain open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.18/8.