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Vinodkumar.K vs District Police Chief on 19 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM

THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

WEDNESDAY,THE 19TH DAY OF DECEMBER 2018/28TH AGRAHAYANA, 1940

WP(Crl.).No. 491 of 2018

PETITIONER:

VINODKUMAR.K
AGED 38 YEARS
S/O.KARUNAKARAN, PAYICKAMPARAMBIL, KARUVATTA,
HARIPPAD, ALAPPUHA DISTRICT-690517.

BY ADV. SMT.DHANYA BABU

RESPONDENTS:
1 DISTRICT POLICE CHIEF
DISTRICT POLICE OFFICE, ALAPPUZHA DISTRICT.

2 INSPECTOR OF POLICE,
HARIPAD, ALAPPUZHA DISTRICT.

3 SUB INSPECTOR OF POLICE,
HARIPAD POLICE STATION, ALAPPUZHA DISTRICT.

4 SHYAMKUMAR,
AGED 30 YEARS, S/O.SHOBHA, DEVIKA SHARANAM,
KARUVATTA, HARIPPAD, ALAPPUZHA DISTRICT-690517.

OTHER PRESENT:
SR.GP.SRI.P.M.SATHEESH

THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
19.12.2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl) No. 491/2018
-:2:-

C.K. ABDUL REHIM

T.V. ANILKUMAR, JJ.
—————————————————–
W.P.(Crl) No. 491 OF 2018 S
——————————————————-
Dated this the 19th day of December, 2018

JUDGMENT

Abdul Rehim, J.

The petitioner is approaching this court seeking a writ of

Habeas Corpus for commanding production of his wife

Smt.Manju and his son Adwaid, now aged 6¾ years, by raising

an allegation that they are under illegal confinement of the 4 th

respondent.

2. It is stated in the writ petition that, marriage between

the petitioner and Mrs. Manju(hereinafter referred to as ‘the

alleged detenue’), was solemnized on 07.11.2010 and Master

Adwaid was born out of the wedlock. It is stated that the

alleged detenue was in her parental home for the last about one

month. She came back to the petitioner’s house on 08.12.2018
W.P.(Crl) No. 491/2018
-:3:-

and took the child to her parental home, with the consent of the

petitioner. But, on that day at about 6 p.m., mother of the

alleged detenue had informed the petitioner that the detenue is

missing from the house along with the child. Enquiries revealed

that, they have gone along with the 4th respondent. On the basis

of a complaint lodged by the petitioner before the 3 rd

respondent, a case was registered under Section 57 of the

Kerala Police Act. Alleging that the 4 th respondent is illegally

detaining the alleged detenue and the child and also alleging

that the police is not taking any effective action for getting them

released, the above writ petition is filed.

3. When the case came up for admission we issued

notice to the 4th respondent. The respondents 2 and 3 were

directed to intensify the investigation of the case registered as

Crime No.2011/2018 and to produce the alleged detenue and

the child before this court. The case was posted on today

based on a motion made by the learned Government Pleader,
W.P.(Crl) No. 491/2018
-:4:-

because the alleged detenue along with the child had

surrendered before the Police and they were produced before

the Judicial First Class Magistrate, Haripad on 17.12.2018. It

was submitted that the learned Magistrate had directed the

alleged detenue to be kept at the ‘Mahila Mandiram’, Alappuzha

for the purpose of production before this court. Accordingly, the

alleged detenue and the child are produced before this court,

on today.

4. We have interacted with the alleged detenue. She

submitted that she had gone with the 4th respondent from the

parental home along with the child and she was residing at

Coimbatore along with the parents of the 4th respondent. It is

stated that, she had gone along with the 4th respondent on her

own wish and will and that she is intending to get married to the

4th respondent, after dissolution of the marriage existing with the

petitioner. She expressed her desire to go back along with the

4th respondent to Coimbatore. It is also submitted that the
W.P.(Crl) No. 491/2018
-:5:-

petitioner had agreed to file a joint application for dissolution of

the marriage on the basis of mutual consent.

5. On behalf of the petitioner, learned counsel made a

request that minor child, Master Adwaid may be given custody

to him. The alleged detenue had conceded that the minor child

can be given custody to the petitioner, provided she shall be

permitted to have visitation on the child. We also interacted

with the child who expressed his desire to go along with the

petitioner.

6. Under the above mentioned circumstances, we are

of the considered opinion that the allegation of illegal detention

has no basis. We are convinced that the alleged detenue is now

staying along with the 4th respondent on her own wish and will.

Hence the above writ petition deserves no merit and the same

is accordingly dismissed.

7. The alleged detenue is set at liberty to go along with

the 4th respondent, as desired by her. On the basis of a consent
W.P.(Crl) No. 491/2018
-:6:-

arrived at between the petitioner and the alleged detenue, the

minor child Master Adwaid is given custody to the petitioner.

The petitioner shall permit the alleged detenue to visit the child

at any convenient date and time to be agreed upon by the

parties at any particular place. It is made clear that, if there

arise any dispute between the parties with respect to custody of

the minor child, or with respect to the visitation, either party will

be at liberty to approach the competent court invoking

jurisdiction under the Guardians and Wards Act.

Sd/- C.K. ABDUL REHIM, JUDGE.

Sd/- T.V. ANILKUMAR, JUDGE.

ul/-

[True copy]
P.S. to Judge.

W.P.(Crl) No. 491/2018
-:7:-

APPENDIX
PETITIONER’S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MARRIAGE CERTIFICATE
DATED 7.11.2010 ISSUED BY THE
THIRUVITHAMCORE DEVASWOM BOARD.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED
BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE RECEIPT BEARING
PETITION NO.79566/2018/A DATED
12.12.2018 ISSUED FROM THE OFFICE OF
THE 1ST RESPONDENT.

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