IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA, 1930 WP(CRL.).NO. 407 OF 2008(S) --------------------------- PETITIONER(S): ----------------------- K.I. SHEEBA, AGED 34 YEARS, KALLURUUMBIL HOUSE, CHEMBUKKU, THRIKKAKARA.P.O, ERNAKULAM. BY ADV. SRI.K.R.VINOD RESPONDENT(S): ------------------------ 1. K.K. RAJENDRAN, S/O.K.S. KARUNAKARAN, TOPIC DRUG LINES, DOOR NO. 32/2352 B-8, KALAVATHU TOWER, PALARIVATTOM, KOCHI-25. 2. K.S. KARUNAKARAN, KALLURUMBIL HOUSE, KANJIKKUZHI, IDUKKI. 3. SARADHA, W/O. K.S. KARUNAKARAN, KALLURUMBIL HOUSE, KANJIKKUZHI, IDUKKI. 4. THE SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, ERNAKULAM. 5. THE SUB INSPECTOR OF POLICE, KANJIKKUZHI POLICE STATION, IDUKKI. 6. THE SUPERINTENDENT OF POLICE, IDUKKI. 7. THE COMMISSIONER OF POLICE, KOCHI CITY. ADV. SRI.P.K.IBRAHIM FOR R1 SRI.SUNNY P MARKOSE FOR R1-3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(CRL) NO. 407 OF 2008 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: NIL ---------------------------------- RESPONDENTS' EXHIBITS: ------------------------------------- EXHIBIT R1(A) TRUE COPY OF O.P.(DIV.) NO.1070 OF 2008 DATED 5.8.2008 FILED BY RESPONDENT NO.1 BEFORE THE FAMILY COURT, ERNAKULAM. EXHIBIT R1(A) TRUE COPY OF THE I.A. NO.3141 OF 2008 DATED 5.8.2008 FOR INTERIM INJUNCTION FILED BY RESPONDENT NO.1 BEFORE THE FAMILY COURT, ERNAKULAM. EXHIBIT R1(C) TRUE COPY OF THE LAWYER NOTICE DATED 9.7.2008 ISSUED TO THE PETITIONER BY RESPONDENT NO.1. EXHIBIT R1(D) TRUE COPY OF THE COMPLAINT DATED 12.7.2008 LODGED WITH S.I. OF POLICE, KAKKANAD POLICE STATION BY RESPONDENT NO.1. EXHIBIT R1(E) TRUE COPY OF THE PATIENT REGISTRATION CARD MRD NO.30056 DATED 24.2.2004 ISSUED TO THE PETITIONER FROM AMRITHA HOSPITAL, KOCHI - 26. EXHIBIT R1(F) TRUE COPY OF THE BILL WITH INPATIENT NO.3063 OF THE PETITIONER ISSUED FROM DHANYA NURSING HOME, PALARIVATTOM. EXHIBIT R1(G) TRUE COPY OF THE INPATIENT CARD NO.99071 DATED 8.2.2007 ISSUED TO THE PETITIONER FROM MOSC MEDICAL COLLEGE HOSPITAL, KOLENCHERY. EXHIBIT R1(H) TRUE COPY OF THE COMPLAINT DATED 24.10.2008 LODGED WITH THE COMMISSIONER OF POLICE, ERNAKULAM BY RESPONDENT NO.1. A.K. BASHEER & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = W.P(CRL.) No.407 OF 2008 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9th day of January, 2009 J U D G M E N T ---------------------- Basheer, J. Petitioner is the wife of respondent No.1. Master Aravind Raj aged 9 years and Master Abhinav Raj aged 6 years are the children born in the said wedlock. Prayer in this Writ Petition is to issue a writ of Habeas Corpus directing the respondents herein, to produce the children before this Court and to secure their freedom from illegal detention and confinement of respondents 1 to 3. 2. When the Writ Petition came up for consideration on previous occasions, the Court had made an attempt to bring some kind of rapprochement between the parties. 3. The two minor children were produced before this Court by respondent No.1. Obviously children had never been in illegal custody as alleged by the petitioner, since it has come out on record that respondent No.1 was constrained to take the children to his home town at Pathanamthitta because of the misunderstanding between husband and wife. Any how, we do not propose to deal with those aspects. We also do not deem it fit to refer to the litigation pending in W.P(CR.) No.407 of 2008 -: 2 :- the Family Court at this stage. In our view time is the best healer. We could see in the Court that the children are extremely happy in the company of both father and mother. 4. Petitioner expressed her willingness and eagerness to join her husband. But respondent No.1 seems to have some kind of reservation for the time being. As we have stated earlier, time may help the parties to sort out their differences and misunderstandings. Since the two children have been produced before this Court and since it is revealed that they have not been in illegal custody, we do not propose to pass any orders in this Writ Petition. However, we record the undertaking given by respondent No.1 that he will not cause any obstruction for the petitioner to meet the children. He further undertakes that he will take the children to the residence of the parents of the petitioner at Thodupuzha on every second Saturday morning and leave them with the petitioner and take them back on Sunday evening. Petitioner undertakes that she will send back the children with the first respondent on Sunday evening in order to help them to attend the classes, since admittedly the children are now studying in the Amritha Vidyalaya at Pathanamthitta. The above W.P(CR.) No.407 of 2008 -: 3 :- undertakings made by both parties are recorded. Writ Petition is closed as above. All the interim orders passed in the Writ Petition are vacated. A.K. BASHEER, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv