Dinesh Kumar vs State Of Kerala

Alexander Thomas, J

The prayers in the instant Writ Petition (Criminal) are as follows:

"i. Issue a writ of Habeas Corpus or such writ, order or direction commanding the respondenets No's 1 to 3 to produdce the body of daughter of the petitioner named Dinsha, aged 38 years, before this Hon'ble Court and set her liberty.

ii. Grant such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

Heard Sri.P.S.Anishad, learned counsel appearing for the petitioner and Sri.E.C.Bineesh, learned Prosecutor appearing for official respondents 1 & 2.

When this case had come up for consideration on the previous occasion, this Court has passed an order dated 14.7.2022 in this W.P.(Crl.), which reads as follows:

"We are told that the alleged detenue, who is the daughter of the petitioner, is in illegal custody of the 3rd respondent. In such circumstance, we are of the opinion that the 3rd respondent shall produce the alleged detenue before the Secretary, District Legal Services Authority (DLSA), Thrissur at 9.30 a.m. on 21.07.2022. We direct the 2nd respondent to intimate the 3rd respondent about our directions. On production of the alleged detenue, the Secretary, DLSA, Thrissur shall facilitate Video Conferencing, so as to enable us to interact with the alleged detenue at 10.15 a.m. The Secretary, DLSA, Thrissur shall interact with the subject. The petitioner shall also be present, who shall be permitted to interact with the subject."

The petitioner herein is the father of the alleged detenue 'Smt.Dinsha' who is aged 38 years and who is also married and is having two minor children. In compliance with the directions passed this Court on 14.7.2022, the District Legal Services Authority (DLSA), Thrissur, has arranged a Video Conferencing so as to enable this Court to have an interaction with the alleged detenue today.

We have interacted with both the alleged detenue 'Smt.Dinsha' as well as the petitioner herein who is her father. On being queried, the Secretary, DLSA, has apprised us that he has interacted with the alleged detenue and that she has apprised him that she has voluntarily left her marital home and is now residing with the 3rd respondent with whom she is having a love affair for quite some time and that she intends to reside with him and that she is not under the illegal detention of anyone.

We have also interacted with the alleged detenue who has also stated the same stand as above. We have also interacted with the petitioner herein who is the alleged detenue's father. It appears to us that the alleged detenue, who is a married lady aged 38 years and having two minor children, has left her marital home and has voluntarily chosen to reside with the 3rd respondent and she is not under the illegal detention of either the 3rd respondent or anyone else. In the light of these aspects, it is ordered that the Writ Petition (Criminal) will stand dismissed.