IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(Crl.).No. 344 of 2010(S) --------------------------- PETITIONER(S): --------------- VASANTHA, AGED 60 YEARS, D/O.THAMARAKSHI, RAJAMANDIRAM, CHAVARKODE DESOM, CHEMMARUTHY VILLAGE, PALAYAMKUNNU P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN SRI.R.RAJESH (VARKALA) SMT.LEKSHMI SWAMINATHAN SMT.M.K.RAJITHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO HOME DEPARTMET, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, (THIRUVANANTHAPURAM RURAL), THIRUVANANTHAPURAM DISTRICT. 3. SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, VARKALA. BY SR. G.P. SRI. K.J. MOHAMMED ANZAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.L. JOSEPH FRANCIS, JJ. ------------------------------------------------- W.P.(Cri) No. 344 of 2010-S ------------------------------------------------- Dated this the 7th day of September, 2010 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 her granddaughter 'Viji Venu', a married woman aged 22 years (date of birth - 29/6/1988). She has completed her B.Com. Degree Course. She has not passed the examination. She is married to one Kishore, their marriage having taken place on 15/8/08. The father of the alleged detenue Viji Venu is employed abroad. Her mother is residing with her father at his place of W.P.(Cri) No. 344 of 2010 -: 2 :- employment abroad. She has one brother only and that brother also resides with her parents abroad. Kishore - the husband of the alleged detenue Viji Venu, is also employed abroad. While Viji Venu was residing with the petitioner, she was found missing on 21/8/10. A complaint was filed and a crime was registered as Crime No.903/10 of the Varkala Police Station. But the police did not succeed in tracing the alleged detenue. It is, in these circumstances, that the petitioner came to this Court with this petition on 31/8/10. 2. This petition was admitted on 2/9/10. Notice was ordered to the respondents. 3. Today, when the case is called, the petitioner is present along with her counsel. The alleged detenue Viji Venu was traced by the police. She was earlier produced before the learned Magistrate. As directed by the learned Magistrate, the alleged detenue has been produced before this Court today. 4. After lunch recess, we interacted with the alleged detenue alone initially and later in the presence of the petitioner. The learned counsel for the petitioner and the learned Government Pleader were also present. 5. The alleged detenue states before us that she is not interested in continuing the marital relationship with her W.P.(Cri) No. 344 of 2010 -: 3 :- husband - Kishore. She is in love with one Bainu who has been her schoolmate from early days. She stated that she had gone with the said Bainu. The said Bainu has also come to Court today, she asserts. 6. The petitioner submits that the petitioner and the parents of the alleged detenu have no objection in the alleged detenue seeking a divorce from her husband Kishore and later getting married to the said Bainu. It is submitted that even today the petitioner and the alleged detenue have contacted the parents of the alleged detenue at Abudabi. They, in turn, had contacted Kishore - the husband of the alleged detenue. It is submitted that the alleged detenue shall today leave this Court along with the petitioner. Steps shall be taken to get the marital tie between the alleged detenue and Kishore dissolved in accordance with law and later the alleged detenue shall be free to marry the said Bainu, it is agreed. 7. We are satisfied that the alleged detenue is not under any illegal detention or confinement. We accept her submission to that effect. We accept her statement that she shall return from this Court today along with the petitioner. We accept the submission of the petitioner that she shall take the alleged detenue with her from Court. We accept the statement of the W.P.(Cri) No. 344 of 2010 -: 4 :- petitioner that the petitioner does not want to seek any further relief now, she having convinced herself, after her discussions with the alleged detenue, that the alleged detenue is not under any illegal confinement or detention. 8. In the result: (a) This writ petition is dismissed. (b) We record the submissions of the petitioner and the alleged detenue that they shall leave this Court together today. Sd/- R. BASANT (Judge) Sd/- M.L. JOSEPH FRANCIS (Judge) Nan/ //true copy// P.S. to Judge