IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(Crl.).No. 292 of 2009(S) --------------------------- PETITIONER(S): --------------- P.K.KUMARI, AGED 50 YEARS, W/O. ARAVINDAKSHA PANIKKER, PARUTHYANIKKAL MURUPPEL HOUSE, VADAKKUPURAM P.O., MALAYALAPPUZHA VILLAGE, KOZHANCHERY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU SRI.RAFEEK. V.K. SRI.BENOJ C AUGUSTIN SRI.PRATHAP PILLAI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. THE CIRCLE INSPECTOR OF POLICE, KONNI POLICE STATION, KONNI, PATHANAMTHITTA DIST. 4. JIJU VARGHESE, S/O. PONNACHAN, VAKKAYIL HOUSE, VETTOOR P.O., MUTTUMAN, KONNI THAZHAM VILLAGE, PATHANAMTHITTA DISTRICT. 5. PONNAMMA, W/O. RAJAN @ PUTHOOR RAJAN, VAKKAYIL HOUSE, VETTOOR P.O., MUTTUMAN, KONNI THAZHAM VILLAGE, PATHANAMTHITTA DISTRICT. 6. RAJAN @ PUTHOOR RAJAN, VAKKAYIL HOUSE, VETTOOR P.O., MUTTUMAN, KONNI THAZHAM VILLAGE, PATHANAMTHITTA DISTRICT. 7. BYJU, S/O. PONNACHAN, VAKKAYIL HOUSE, VETTOOR P.O., MUTTUMAN, KONNI THAZHAM VILLAGE, PATHANAMTHITTA DISTRICT. 8. JINI VARGHESE, S/O. PONNACHAN, VAKKAYIL HOUSE, VETTOOR P.O., MUTTUMAN, KONNI THAZHAM VILLAGE, PATHANAMTHITTA DISTRICT. ADV. SRI. K.SHAJ FOR R4-8 SRI.SAJJU.S FOR R4-8 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.292 of 2009 ------------------------------------- Dated this the 18th day of August, 2009 JUDGMENT BASANT, J. The petitioner has come to this court for issue of a writ of habeas corpus to search for, trace and produce her daughter aged 30 years, Beena by name. The 4th respondent is the husband of Beena. Beena was living along with her husband; but she was found missing from 10/05/2009. The petitioner lodged a complaint and a crime was registered at the Konni police station on 22/7/2009. She was not traced. It is, in these circumstances, that the petitioner/mother came to this court with this petition. 2. This order must be read in continuation of the earlier orders dated 28/7/02009 and 03/08/2009. Today when the case was called, the petitioner and her counsel are present. The alleged detenue Beena is also present before court. 3. It is submitted that the police had traced the alleged detenue Beena and had produced her before the learned Magistrate. The learned Magistrate had, after ascertaining her response, permitted her to go with the petitioner. We allowed W.P.(Crl) No.292/09 2 Smt.Beena to remain in the chamber uninfluenced by anyone. After 1.45 p.m, we interacted with her in the chamber. She states before us that she is not under detention or confinement by anyone. According to her, unable to stand the mental and physical cruelty inflicted on her at her matrimonial home, she had come away from her matrimonial home and had taken up employment as a maid servant in a house at S.R.M.Road in Kochi. She is now residing along with her mother. She does not want to go with the 4th respondent, her husband Jiju. The Investigating Officer reports that the said Jiju has been arrested and is now in judicial custody. He has been arrested on the allegation of matrimonial cruelty against the alleged detenue. 4. We are now satisfied from the statement made by the alleged detenue before us that she is not under confinement or detention by anyone and that she now wants to return along with her mother, the petitioner herein. We are not expressing any opinion on the allegations raised by the alleged detenue against her husband. But we are satisfied that this writ petition can be allowed and the alleged detenue, who is present before court, can be permitted to leave the court along with her mother, the petitioner herein. W.P.(Crl) No.292/09 3 5. The alleged detenue prays that she may be permitted to meet her children, who continue to be with the 4th respondent. We are not satisfied that any specific directions need now be issued. The alleged detenue can approach the Family Court or other appropriate forum for enforcement of her rights, if any, in respect of her children who are now with the 4th respondent. 6. The 4th respondent and his counsel are not present when the case was called after 1.45 p.m at the chamber. This writ petition is accordingly allowed to the above extent and the alleged detenue is permitted to leave the court along with her mother, the petitioner herein. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge