IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(Crl.).No. 318 of 2009(S) --------------------------- PETITIONER: --------------- PRAMOD KUMAR, AGED 27 YEARS, S/O. SIVANANDAN, 'MANOJ BHAVAN', THONNAKKADU MURI, CHERYANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SRI.M.F.MOHAMMOD SIYAD RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR, ALAPPUZHA DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT. 3. THE SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT. 4. RAJAN, AGED 45 YEARS, 'ATHIPALLIL VEEDU', BHUDANOOR KIZHAKKUM MURI, ENNAKKADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 5. GINSON, S/O. JOSEPH CHACKO, PUTHUVAKKAL PUTHEN VEEDU, MUTHAM KUZHI MURI, VETTIYAR VILLAGE, MAVELIKKARA TALUK. 6. JOSEPH CHACKO, S/O. CHACKO, PUTHUVAKKAL PUTHEN VEEDU, MUTHAM KUZHI MURI, VETTIYAR VILLAGE, MAVELIKKARA TALUK. ADDL.R7 IMPLEADED: ADDL.R7: REMYA RAJAN, D/O G.K.RAJAN, AGED 22 YEARS, ATHIPPILLIL HOUSE, BHUDANOOR P.O., CHENGANNUR, ALAPPUZHA DISTRICT. (ADDL.R7 IMPLEADED AS PER ORDER DATED 1.10.09 ON I.A.No. 11858/09 IN W.P.(Crl.) 318/09) ADV. SRI.P.HARIDAS FOR R4 GOVERNMENT PLEADER SHRI K.J.MOHAMMED ANZAR FOR R1 TO R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.318 OF 2009 ----------------------------------------------------- DATED THIS THE 1st DAY OF OCTOBER, 2009 J U D G M E N T Basant, J. The petitioner, a young man aged 27 years, has come to this Court with this application for issue of a writ of habeas corpus to search for, trace and produce his wife Ramya Rajan. According to the petitioner, the marriage between the petitioner and the said Ramya Rajan took place on 16.1.2009. They were living together thereafter. The petitioner had to return to his place of employment after two weeks. The alleged detenue was a student. She had gone to College on 26.6.2009. Thereafter, her whereabouts were not known. According to the petitioner, she was allegedly detained by the 5th respondent, her lover. 2. This petition was filed on 7.8.2009. The same was admitted on 10.8.2009. The matter was posted thereafter from time to time. 3. Today, when the case is called, the petitioner is not present. He is represented by his counsel. The alleged detenue Ramya Rajan is present before Court. She has entered W.P.(Crl.)No.318/09 -2- appearance through counsel. She has filed a petition to get herself impleaded as a party. She has filed an affidavit in support of such application. 4. We interacted with the alleged detenue in open Court. Her version was ascertained. In the affidavit filed by her as also in her submissions before Court she confirms that she is aged 22 years - she having been born on 18.3.1987. She admits that she was married to the petitioner, but submits that she does not want to continue that relationship. According to her, she is taking steps to get the marital tie between her and the petitioner dissolved in accordance with law. She does not want to return to her matrimonial home or continue her relationship with the petitioner. She asserted categorically that she is not under illegal confinement or detention by anyone. 5. We have considered the affidavit filed by the alleged detenue as also the submissions made by her in open Court. We have heard the counsel. 6. We are satisfied from the totality of materials available that the alleged detenue Ramya Rajan is not under illegal W.P.(Crl.)No.318/09 -3- confinement or detention by anyone. She makes it very clear that she does not want to return with the petitioner herein. In these circumstances, we are satisfied that no further directions are necessary in this Writ Petition. 7. This Writ Petition is accordingly dismissed. The alleged detenue Ramya Rajan, an adult major woman is at liberty to proceed wherever she wants to go. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn