IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(Crl.).No. 200 of 2009(S) --------------------------- PETITIONER: --------------- G.UMASANKAR, AGED 38 YEARS, S/O.DR.GANGADHARAN, 'UDAYAM' MAIN ROAD, WADAKANCHERY, THRISSUR DISTRICT. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, S.P.OFFICE, KASARAGOD. 2. CIRCLE INSPECTOR OF POLICE, CIRCLE OFFICE, KASARAGOD. 3. SUB INSPECTOR OF POLICE, TOWN POLICE STATION, KASARAGOD. 4. M.K.SUKUMARAN, AGED 60 YEARS, SREESAI, 6/22, NEAR JAI MATHA CONVENT, KOTEKKANI ROAD, KASARAGOD. ADV. SRI.SURESH KUMAR KODOTH FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== WP.(CRL)NO. 200 OF 2009 ============================ DATED THIS THE 29TH DAY OF MAY 2009 JUDGMENT Basant,J. The petitioner is present. The alleged detenue/wife of the petitioner/Mrs.Asha Roshini, is present along with their two children. The spouses were given an opportunity to interact in court for about 2 hours. Mrs.Asha Roshini submits before this Court that she is not under illegal confinement or detention by any one. She is admittedly residing with the 4th respondent,her father along with her two children. She submits that she does not, at the moment, want to go with the petitioner as she apprehends harm if she so returns with the petitioner. She submits that if, after counselling, she is convinced that the petitioner will not do harm to her and will not torture her any longer, she has no objection to the idea of going with him in future. 2. We are satisfied that the alleged detenue Mrs.Asha Roshini, aged 30 years along with their children are residing voluntarily with the 4th respondent and there is no element of compulsion or coercion brought on her. No further directions are, in these circumstances, WPCR200/2009 -2- necessary. The learned counsel appearing for the 4th respondent and the father of the detenue,submits that already a petition for custody of the children has been filed by the petitioner against the alleged detenue and that matter is pending before the Family Court, Thrissur. We need only mention that the Family Court, Thrissur, must make every attempt for conciliation at the earliest. Both counsel agreed that such a conciliation or attempt for mediation can be made. 3. This writ petition, in these circumstances, is dismissed with the above observations. 4. Communicate a copy of this judgment to the Family Court, Thrissur. 5. Handover a copy of this judgment to the learned counsel for the petitioner. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. WPCR200/2009 -3-