IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(Crl.).No. 144 OF 2008(S) --------------------------- PETITIONER: ------------ SAINABA ABDU, WIFE OF MANCHERY ABDU, AGED 44 YEARS,MANCHERY HOUSE,PAVARATTY P.O., THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: ------------- 1. SHANIBA, KOCHUTHAIKONNATHU HOUSE, NETTAYAM P.O.,CHENGOOR,AMBALAKUNNU-891 537, KOLLAM DISTRICT. 2. SUB INSPECTOR OF POLICE,POOYAPPILLY. 3. CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA. 4. THE SUPERINTENDENT OF POLICE, KOLLAM. GOVT. PLEADER SMT. M.K. PUSHPALATHA. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06/06/2008 THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: WP(C) 144/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE PETITIONER WITH THE MANCHERY ABDU WHICH WAS ISSUED BY TIRUNELLUR JUMA-ATH COMMITTEE DATED 30.4.1982. EXT.P2 TRUE COPY OF THE SWORN AFFIDAVIT BEARING NO. 39271/97 DATED 16.8.1997. EXT.P3 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(CRL) NO. 144 OF 2008 = = = = = = = = = = = = = = = = = DATED THIS, THE 6TH DAY OF JUNE, 2008. J U D G M E N T Raman, J. The allegation made by the petitioner in this writ petition is that her husband Manchery Abdu is kept under illegal custody by the first respondent. The first respondent, however, did not appear before this Court in spite of service of notice and hence on 29.5.2008 we passed an order recording the submission made by the learned Government Pleader based on instruction received that the alleged detenu is undergoing treatment in a hospital and directed the police to enquire and to file a report regarding the present condition of his health as also the reason why the first respondent has not appeared in spite of notice served. But today, it is informed by the learned Government Pleader that the alleged detenu himself is appearing in the case and requested that the case be taken up. Accordingly, after notice to the learned counsel appearing for the petitioner, the case was taken up in the chambers. The alleged detenue Manchery Abdu appeared before us in a Wheel chair. He told us that he suffered a stroke, that he was in the WP(CRL) 144/2008 :2: hospital, underwent an operation and that now his health condition is improved; but not fully recovered. He also submitted that in view of the allegation made he thought it proper to come direct to this Court and inform this Court of the real facts. The first respondent also appeared before us. She stated that she is the second wife of Abdu and they have a child in that wedlock. She could not appear before this Court earlier since there was nobody to look after Abdu who was hospitalized and she was the only person to nurse him. The alleged detenu Abdu submitted that he is not under the illegal custody of the first respondent as alleged and he denied the allegations contained in the writ petition. 2. In the above facts and circumstances of the case, we find that the alleged detenue is not under the illegal custody of the first respondent and there is no basis for the allegations raised in the writ petition. Accordingly, this writ petition is dismissed. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-