JITHIN RAJAN vs DISTRICT POLICE CHIEF

Petitioner, the husband of the detenue, Annamma Jith, and the father of minor son Jaison Jith, has approached this Court alleging that the detenue''s were missing. It is alleged that, the petitioner''s wife was maintaining illegal relationship with the 4th respondent and therefore, alleging that the detenues are under the illegal custody of the 4th respondent, this writ petition is filed.

A man missing case was also filed before the police station.

It is submitted by the learned counsel for the petitioner that the detenues were produced before the Magistrate and statement was recorded. She expressed her desire to go with the 4th respondent. WP(Crl).161/17

The detenues are also produced before this Court. We interacted with them.

Smt.Annamma Jith submitted that she had left the matrimonial home on account of the difficulties faced in living with the petitioner as she was being harassed from time to time. According to her, she is living with her mother at present and she does not intend to disturb the studies of the children also. The 1st child is with the father. The detenues also submitted that they are living without any compulsion from any quarter and voluntarily resided with 1st detenue''s mother.

Having regard to the fact that the 1st detenue had left the matrimonial home with her minor child voluntarily, we do not think that any direction as sought for can be granted. There is no illegal detention as alleged. In such circumstances, detenues are free to go and reside at the place of choice.

The learned counsel for the petitioner however, submits that the child should be permitted to be send along with the petitioner since the studies will be disrupted. Insofar as this issue is concerned, we are not concerned with the matrimonial dispute and no such direction is necessary. However, it shall always be open for the petitioner to approach the Family Court and seek for necessary direction. With the above observation, the writ petition is closed.