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
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C.K. ABDUL REHIM
T.V. ANILKUMAR, JJ.
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W.P.(Crl) No. 491 OF 2018 S
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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
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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
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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
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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
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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
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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.