IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(Crl.).No. 388 of 2010(S) --------------------------- PETITIONERS: --------------- 1. ANSARI, KAVUVILA VEEDU, CHALAKKODU, PUNALOOR P.O., KOLLAM-691 305. 2. NABEEZA BEEVI, KAVUVILA VEEDU, CHALAKKODU, PUNALOOR P.O., KOLLAM-691 305. BY ADV. SRI.A.RAJASIMHAN RESPONDENTS: --------------- 1. REENA, KAVUVILA, CHALAKKODU, PUNALOOR P.O., KOLLAM-691 305. 2. NOUSHAD, KAVUVILA, CHALAKKODU, PUNALOOR P.O., KOLLAM-691 305. 3. SUB INSPECTOR OF POLICE, PUNALOOR POLICE STATION, KOLLAM. 4. CIRCLE INSPECTOR OF POLICE, PUNALOOR, KOLLAM. 5. SUPERINTENDENT OF POLICE, KOLLAM. SR. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** W.P(Crl) No.388 of 2010 ***************************** Dated this the 26th day of October, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of the earlier order dated 07.10.2010 passed by us. 2. Today when the case came up for hearing, the petitioners are present. Along with them, the alleged detenue Fathima, has also come to Court. 3. Fathima is a 14 year old minor girl - daughter of the 2nd petitioner, whose date of birth is 10.12.1995. Her father has expired and the 2nd petitioner, after the death of her husband, has remarried the 1st petitioner. The alleged detenue and Abu Hassan, her younger brother, were born to the 2nd petitioner in her earlier marriage with the father of the alleged detenue. 4. The alleged detenue has been residing with the 2nd petitioner after 07.10.2010 in terms of the order dated 07.10.2010. Today when the case is called, the alleged detenue is present. We interacted with the alleged detenue. Later we interacted with her in the presence of the petitioners as also her younger brother. W.P(Crl) No.388 of 2010 2 5. The alleged detenue Fathima states before us that she has no differences of opinion with the petitioners now and that she would like to return from Court along with the petitioners and her younger brother. She wants to continue to reside with the petitioners and her younger brother. She has absolutely no disagreement or difficulties to continue such residence. Respondents 1 and 2 have not come to Court today. The petitioners agree that they shall take the alleged detenue with them and shall continue to reside along with the alleged detenue and her younger brother. They have already shifted their residence to another rented house, submits the petitioners. The petitioners have produced before Court today a fixed deposit receipt dated 18.10.2010 in the name of the alleged detenue which will mature on 18.04.2014. The amount of Rs.50,000/- (Rupees Fifty thousand only) along with interest shall be payable on maturity. This deposit was made in terms of the directions issued on 07.10.2010. The petitioners submit that the alleged detenue was given a gold ornament. She is wearing that ornament today. Thereafter they could raise only an amount of Rs.50,000/- and could not raise the amount of Rs.60,000/- as agreed on 07.10.2010. W.P(Crl) No.388 of 2010 3 6. The alleged detenue Fathima is a minor girl. Her mother, the 2nd petitioner, is entitled to her custody, without any dispute. The alleged detenue had some misgivings when she appeared before us on the last date of posting. But after residence along with her mother from 07.10.2010, we find that the alleged detenue has now accepted that she can continue residence along with her mother. Her mother, the 2nd petitioner, being legally entitled to the custody of her minor daughter, the alleged detenue, we are satisfied, that the alleged detenue can be permitted to leave Court along with the petitioners. 7. In the result: a) This Writ Petition is allowed; b) The alleged detenue Fathima is permitted to leave Court along with the petitioners as desired by her and as insisted by the 2nd petitioner. It is agreed that the petitioners along with the alleged detenue and her younger brother shall reside together hereafter; c) The fixed deposit receipt issued by the Punalur Service Co-operative Bank Ltd., Punalur, - No.878/T (Sl.No.006494) dated 18.10.2010 in the name of the alleged detenue, which will be due for payment on 18.04.2014 for W.P(Crl) No.388 of 2010 4 Rs.50,000/- is returned to the 2nd petitioner with specific directions that the proceeds of the said deposit must be claimed only after the alleged detenue attains majority and that the entire amount must be placed at the disposal of the alleged detenue on maturity. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/