IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 WP(Crl.).No. 432 of 2010(S) -------------------------------------- PETITIONER: ------------------- G.GOPAKUMAR , S/O.GOPALAKRISHNA PILLAI, AGED 34 YEARS,'LOVE SHORE',MANIYAR POST, THOLIKODE, PUNALUR,KOLLAM DISTRICT.(THROUGH HIS POWER OF ATTORNEY HOLDER AND MOTHER SMT.A.G.SAVITHRIAMMA, W/O.GOPALAKRISHNAN PILLAI, AGED 68 YEARS,'LOVE SHORE',MANIYAR POST, THOLIKODE, PUNALUR, KOLLAM DISTRICT). BY ADV. SRI.DENIZEN KOMATH. RESPONDENTS: ------------------------ 1. SUB INSPECTOR OF POLICE,KALLAMBALAM POLICE STATION,THIRUVANANTHAPURAM DISTRICT- 695 605. 2. VIBIN @ KOCHI, S/O.SARALA KUMARI, VADASSERY KONAM,KALLAMBALAM,OPP.MOSQUE, THIRUVANANTHAPURAM DISTRICT -695 605. R1 BY SR. GOVT. PLEADER SRI. K.J. MOHAMMED ANZAR. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPCR No.432 of 2010 ------------------------------------------- Dated this the 29th November, 2010 JUDGMENT Basant, J. The petitioner has come to this Court through his power of attorney holder and mother with this petition for the issue of a writ of habeas corpus to search for trace and produce his wife Arsha R.Nair, aged about 24 years (date of birth - 31/5/1986). 2. The petitioner and the alleged detenue Arsha R.Nair are married. Their marriage was solemnised and registered on 6.3.2009. They had resided at various places. Finally, they were residing at Vishakapattanam. One child was born in the wed lock. From 15.7.2010, the alleged detenue - wife of the petitioner was missing along with the child. It is in these circumstances that the petitioner came to this court with this petition on 3.11.2010. 3. This petition came up for admission hearing on 4.11.2010. The Bench was not pleased to admit the writ WPCR No.432 of 2010 2 petition. Notice was not ordered. But the learned Government pleader was requested to take instructions and make submissions to enable us to decide on the question of admission. The matter was posted to this date. 4. Though the petition has not been admitted and no directions were issued to the alleged detenue to appear before Court today, the alleged detenue is physically present before this Court today along with her child Devina, aged ten months. The petitioner is not personally present. His power of attorney holder - his mother Savithri amma is present. 5. We interacted with the alleged detenue. The alleged detenue states that she is not under any illegal detention or confinement. She is absolutely free. She has come to her native place and is residing with their mother at Vadasserikonam, Kallambalam, Varkala, Thiruvananthapuram District along with their daughter Devina and her son Ashik, born prior to the marriage with the petitioner. She states that she is not under illegal detention and that she has valid reasons to stay away from the petitioner. The power of attorney of the petitioner states that the petitioner is presently employed in Africa. 6. In a petition for the issue of a writ of habeas corpus, WPCR No.432 of 2010 3 we are primarily concerned with the question whether the alleged detenue is under any illegal detention or confinement. We are satisfied in the facts and circumstances of the case that the alleged detenue is not under any illegal detention or confinement. The power of attorney holder of the petitioner prays that opportunity may be given for her to interact with the child of the petitioner. 7. We are satisfied that the alleged detenues - the wife and daughter of the petitioner, are not under any illegal detention or confinement. We are satisfied that no directions need be issued under Article 226 of the Constitution now. If the petitioner himself or his power of attorney holder i.e. the grandmother of the child wants to seek custody/visitorial rights of the child, they shall be at liberty to initiate proceedings before appropriate court. The alleged detenue states categorically that she has no objection whatsoever against the grandmother of the child, i.e. the power of attorney holder of the petitioner visiting and interacting with the child at any convenient time at her residence at Varkala. We record that submission. We are satisfied that no further directions are necessary in this writ petition. 8. This writ petition is accordingly dismissed. We permit WPCR No.432 of 2010 4 the alleged detenue Arsha R.Nair to leave the court along with their child freely as desired by her. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/