P.P. Aravindakshan 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-Shiny, a woman, aged 42 years. The petitioner and Shiny have remained married for a long period of time. 2 children have been born in the wedlock - Arun, aged 20 years and Ajith, aged 18 years. It is the grievance of the petitioner that his wife is missing from 27.07.2009 and that thereafter her whereabouts are not known. It was the apprehension of the petitioner that respondent Nos. 3 to 6, relatives of the said Shiny are illegally detaining her.

This petition was filed on 12.01.2010. Directions were issued from time to time. Ultimately the case stood posted to this date.

Today when the case is called, the petitioner is present along with his Counsel. Both children of the petitioner have also come to Court along with the petitioner, their father. The alleged detenue shiny has also come to Court today. She is not represented by any Counsel. We permitted the alleged detenue to remain in the Chamber and to interact with the petitioner, her husband and their 2 children. After lunch recess, we interacted with the alleged detenue alone initially and later in the presence of the petitioner and their 2 children. The learned Counsel for the petitioner as also the learned Government Pleader were present.

The alleged detenue complains that life had become miserable for her and it was in these circumstances that she was obliged to go away seeking employment. She had secured employment as a home nurse at Bangalore and it was while she was at Bangalore that she came to know of the pendency of this case. She has accordingly come to Court today. According to her, the petitioner has bad and objectionable habits. He consumes liquor and allegedly assaults her. It was hence that she reluctantly had to withdraw from the company of the petitioner and seek employment.

Be that as it may, after our interactions with the petitioner, we are happy to note that the parties have come to a harmonious settlement. Before us, it is agreed as follows:

i) The petitioner and his 2 children (both of them are said to be employed) shall take a house on rent within a period of 10 days;

ii) On being informed about the availability of that house, the alleged detenue shall go and reside with the petitioner and their children;

iii) When they so reside together, the petitioner undertakes that he shall not give any room for any complaint for the alleged detenue of improper or cruel behaviour to her;

iv) Both children agree before the Court that they shall ensure that the alleged detenue Shiny, their mother, is not subjected to any physical harassment by their father.

Parties agree and the learned Government Pleader undertakes that necessary instructions shall be given to the Sub Inspector of Police of the local police station, i.e. Udayamperoor Police Station, to effectively intervene on the complaint if any genuinely lodged by the alleged detenue and her 2 children if the petitioner indulges in any act of cruelty against the alleged detenue.

All concerned agree and accept the above stipulations. It is agreed now that this Writ Petition can, in these circumstances, be dismissed.

This Writ Petition is accordingly dismissed.

Hand over a copy of this judgment to the learned Government pleader for immediate communication to the Sub Inspector of Police, Udayamperoor Police Station.

Hand over a copy of this judgment to the learned Counsel for the petitioner also.