Justin Bovas vs State of Kerala and Others

R. 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, aged 32 years and two minor children aged 10 years and 8 years. They were allegedly missing from 22/01/2010. The petitioner was employed abroad. He has come back on coming to know that his wife and children are missing. Police had registered a crime; but they had not succeeded in tracing the alleged detenues. It is, in this context, that the petitioner came to this Court with this petition for issue of a writ of habeas corpus on 09/06/2010.

This petition came up for hearing on 10/6/2010. The same was later admitted on 14/6/2010. Directions were issued from time to time. This judgment must be read in continuation of our earlier orders in this case resting with the order dated 15/7/2010.

Today when the case is called, the petitioner is present. He is represented by a counsel. The two minor children of the petitioner Akhil, aged 10 years and Anil, aged 8 years have also come to Court along with the petitioner herein. The wife of the petitioner, alleged detenue No. 1 - Mrs. Sathikumari, aged 32 years, has also come to Court today. She is not represented by any counsel.

The learned Counsel for the petitioner submits, and the learned Government Pleader endorses that submission, that the police had traced the alleged detenue No. 1 wife and both minor children of the petitioner. They were produced before the learned Magistrate. The learned Magistrate had restored the two minor children to the custody of the petitioner as per order dated 26/7/2010. The wife of the petitioner did not choose to go with the petitioner and she was hence set at liberty by the learned Magistrate. It is accordingly that the petitioner has come to Court today with the two minor children and his wife - alleged detenue No. 1 has come separately to this Court today. We interacted with the alleged detenue No. 1 Mrs. Sathikumari. She states before us that there are differences of opinion between her and her husband. She states that she is contemplating divorce and necessary steps will have to be taken. She states before us that the children have been handed over to the custody of her husband, the petitioner herein. According to her, she has no objection in the children being with the petitioner, their father for some period of time. She intends to take appropriate further action in respect of the custody of the children, she submits.

We are now satisfied that no further directions are necessary. We are satisfied that the alleged detenue No. 1 Mrs. Sathikumari is not under any illegal confinement or detention. The other two alleged detenues/missing persons - two minor children, aged 10 years and 8 years are now in the custody of the petitioner as per the order passed by the learned Magistrate. The alleged detenue No. 1/wife also accepts the said arrangement. In these circumstances, we are satisfied that this writ petition can now be dismissed considering the change of events that had taken place after the filing of the petition.

This writ petition is accordingly dismissed. We may hasten to observe that the the dismissal of this petition will not in any way fetter the rights of the parties to initiate appropriate proceedings for divorce/custody of the children. The rights which they do have otherwise, shall remain unaffected by the dismissal of this writ petition.