IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(Crl.).No. 350 of 2011(S) --------------------------- PETITIONER(S): --------------- ABILASH C.U. S/O. UNNIKRISHNAN, PADINJATTUMURI HOUSE, POST CHITTANADA, PIN-680 600, TALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.BHASKARAN SRI.V.K.NANDAKUMARAN SRI.P.S.HARIHARAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, PAZHAYANNUR, THRISSUR DISTRICT-680001. 2. ANEESHA, D/O.SANKARANARAYANAN, KUNNATH HOUSE, VENNUR POST, PAZHAYANNUR, THRISSUR DISTRICT-680001. 3. SANKARANARAYANAN, KUNNATH HOUSE, VENNUR POST, PAZHAYANNUR, THRISSUR DISTRICT-680001. 4. LATHA, W/O. SANKARANARAYANAN, KUNNATH HOUSE, VENNUR POST, PAZHAYANNUR, THRISSUR DISTRICT-680001. R1 BY GOVT. PLEADER SRI.C.M.KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(CRL).350/11 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER before THE 1ST RESPONDENT DATED 21.7.2011. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- W.P(Crl.).No.350 OF 2011 ------------------------------------ Dated this the 29th day of July, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. The petitioner alleges that his wife is in the illegal custody of her parents. The petitioner says that she requires medical assistance. On the whole, we are not prepared to take his version at the first blush. We, therefore, directed the police to depute a woman police constable, not in uniform, to interact with the alleged detenue and after ascertaining her whereabouts, record a statement. A woman police constable attached to Pazhayannoor Police station found that the petitioner's wife is living with her parents on her own will. She has given a statement to the woman police constable. This has been recorded by the woman police constable and the signature of the alleged detenue has been obtained at the foot of the statement. We have gone through that statement. Since it is a statement recorded by the police constable and WPCR.350/11 2 since the petitioner is desirous of having the company of his wife, we do not deem it appropriate to incorporate the contents of that statement in this judgment. We are, however, satisfied that the petitioner's wife is not in illegal detention of her parents. We may indicate that if the petitioner is so advised, he may persuade his wife through appropriate interactions, may be, if necessary, by mending his ways also and ensure that the family survives. At the worst, the petitioner may even take recourse to proceedings before the Family Court. This judgment will not stand in the way of any such course. The writ petition is dismissed subject to what is aforesaid. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.1/8.