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 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(Crl.).No. 243 of 2009(S) --------------------------- PETITIONER: --------------- SWAPNA S.NAIR,D/O.SREEDHARAN NAIR, AGED 29,THIRUVATHIRA, VPS 9, VALIAVILA, THIRUMALA P.O. THIRUVANANTHAPURAM. BY ADV. SRI.A.AHZAR RESPONDENTS: --------------- 1. ASWATHI, PANANVILAKATHU VEEDU, VALIYAVILA, THIRUMALA P.O. THIRUVANANTHAPURAM. 2. KRISHNANKUTTY NAIR, CHITHIRA, SURYA NAGAR 106,NETTAYAM, KACHANI P.O. THIRUVANANTHAPURAM. 3. SATHYABHAMA, CHITHIRA, SURYA NAGAR 106, NETTAYAM, KACHANI P.O., THIRUVANANTHAPURAM. 4. CIRCLE INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM. 5. SUB INSPECTOR OF POLICE, POOJAPPURA POLICE STATION, POOJAPPURA, THIRUVANANTHAPURAM. ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR FOR R2,R3 GOVERNMENT PLEADER MR. MOHAMMED ANZAR FOR R BY ADV. SRI.K.K.DHEERENDRAKRISHNAN FOR ALLEGED DETENU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.243 OF 2009 ----------------------------------------------------- DATED THIS THE 7th DAY OF AUGUST, 2009 J U D G M E N T Basant, J. This petition has been filed by the petitioner for issue of a writ of habeas corpus to search for, trace and produce her husband Ullas Krishna who was allegedly found to be missing/confined from 19.1.2009. The alleged detenu appeared before Court through counsel and asserted that he is not under detention or confinement. It was evident that there was matrimonial disputes between the parties. As suggested by the counsel, parties were referred for mediation. Mediator has now submitted a report that the mediation did not succeed. 2. We are convinced that the alleged detenu is not under illegal confinement or detention. We are satisfied, in these circumstances, that further directions in this Writ Petition are not necessary. The dispute is purely a matrimonial dispute between the spouses. The option of either side to approach the appropriate forum for resolution of their disputes shall remain W.P.(Crl.)No. 243/09 -2- unfettered by the dismissal of this Writ Petition. 3. This Writ Petition is accordingly dismissed with the above observation. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn