IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(Crl.).No. 235 of 2008(S) --------------------------- PETITIONER: ------------ B.SUNIL KUMAR, S/O LATE K.BALAKRISHNAN NAIR, NEDUMPARA VILA PUTHEN VEEDU, KADAKKAL P.O., KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA 3. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM. 4. THE CIRCLE INSPECTOR OF POLICE, VARKALA. 5. SUB INSPECTOR OF POLICE, VARKALA. 6. GOPINATHAN NAIR, KUZHIVILA VEEDU, THAZHE VETTOR P.O., VARKALA THIRUVNANTHAPURM DISTRICT. 7. SANTHA, W/O GOPINATHAN NAIR, KUZHIVILA VEEDU, THAZHE VETTOOR P.O., VARKALA, THIRUVANANTHAPURAM. R1 TO R5 BY G.P. SMT.M.K. PUSHPALATHA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF THE ORDER IN OP (HMA) NO.506/2007 DT.8.1.2008 EXT.P2-TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 8.2.2008 EXT.P3-TRUE COPY OF THE COMPLAINT BEFORE R4 DATED 25.6.2008 // TRUE COPY // P.S. TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No.235 of 2008-S - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of August, 2008. JUDGMENT Raman, J. The petitioner, alleging that his wife is under the illegal custody of her parents, respondents 6 and 7, has filed this writ petition for the issuance of a writ of habeas corpus for producing the alleged detenu before this court. 2. Pursuant to the notice issued, the parties appeared. The alleged detenu is matured aged about 33 years and she has a child. She described the various ill-treatments meted out to her by her husband and as a result, she has no inclination to live with him and now she is living with her parents happily. The allegation that she is under illegal custody, is denied. We attempted to counsel the parties to see whether a reconciliation is possible. With the time at our disposal, we do not find it is possible to bring them together. However, since we are convinced that she is not under illegal custody WP(Crl.)235/2008 -2- of her parents, we close this matter without prejudice to the right of the parties to work out their remedies from the appropriate court. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/