Kerala High Court
Joy.A.J vs The Station House Officer on 24 August, 2009
Bench: R.Basant, M.C.Hari Rani
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 337 of 2009(S)
1. JOY.A.J., AGED 36 YEARS, S/O.JOHN,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
2. THE DISTRICT SUPERINTENDENT OF POLICE,
3. THE MAUNATHUL ISLAM ASSOCIATION,
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :24/08/2009
O R D E R
R. BASANT &
M.C. HARI RANI, JJ.
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W.P.(Cri) No. 337 of 2009-S
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Dated this the 24th day of August, 2009
JUDGMENT
Basant,J.
The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his wife Mrs. Smitha, aged 32 years, and three children born to them in the wed-lock aged 8 years, 6 years and 3 years respectively.
2. According to the petitioner, his wife Smitha was misled by some others to desert him and to go and join the 3rd respondent - Association with the intention of converting to Islam. The petitioner alleged that his wife and children were detained and confined by the 3rd respondent - Association.
3. This petition was filed on 20/8/09. It was admitted on the same day. Notice was ordered to the respondents. The case was posted to this date.
W.P.(Cri) No. 337 of 2009-S -: 2 :-
4. Today, when the case is called, the petitioner and his counsel are present. The alleged detenue and her three children are also brought to Court. The 3rd respondent is represented by a counsel.
5. We permitted the alleged detenue to remain in the Chamber and interact with her close relatives. After the Court rose at 4.30 p.m. we interacted with all concerned. Relatives of the petitioner as well as the relatives of the alleged detenue are all present.
6. The learned counsel for the 3rd respondent took the stand that the 3rd respondent has not in any way confined or detained the alleged detenue. She is at liberty to follow whatever course she feels is best suited to her. The 3rd respondent has only discharged the humanitarian responsibility to give support and solace for the alleged detenue who was in distress when she came to the 3rd respondent - Association, submits the learned counsel for the 3rd respondent.
7. We interacted with the alleged detenue and the petitioner as also their relatives jointly and separately. The learned counsel for the petitioner, the learned counsel for the 3rd respondent and the learned Government Pleader were also present. We are happy to note that, after such interactions, the W.P.(Cri) No. 337 of 2009-S -: 3 :- parties have come to a reasonable and healthy understanding and agreement.
8. The alleged detenue asserts that no other person was responsible for her proceeding to the 3rd respondent. In a state of despair and despondency (she has various reasons to state to us in private for such attitude of hers), she had proceeded to the 3rd respondent on her own seeking support and solace. She has now realised that in the interests of her children and in the interests of future of herself and all concerned, she must return with her children to her parental home. Her brother and aunts are present. They are willing to take her to her house. The petitioner also graciously agrees that the alleged detenue can now live along with the children with her parents for whatever length of time that she wants. He shall visit her at such parental home and shall offer the required assistance, support, solace and comfort to her. Only when she feels that she can resume residence with the petitioner, need the alleged detenue return to his house. Till then, he shall visit her at her house and continue the harmonious relationship, submits the petitioner.
9. In the light of the settlement between the parties as indicated above, we are satisfied that this writ petition can be allowed.
W.P.(Cri) No. 337 of 2009-S -: 4 :-
10. In the result, this writ petition is allowed. The alleged detenue Mrs. Smitha is permitted to return from this Court along with her brother and aunts as desired by her and as agreed to by the petitioner herein. The 3rd respondent - Association, agrees to and has returned today all documents and papers which the alleged detenue Mrs.Smitha had handed over to the 3rd respondent when she joined the said Association.
Sd/-
R. BASANT (Judge) Sd/-
M.C. HARI RANI (Judge) Nan/ W.P.(Cri) No. 337 of 2009-S -: 5 :-