High CourtsDivision Bench(2022) 09 KL CK 0123

Beena G. Nair vs Commissioner Of Police Kochi, Near Police Club, Marine Drive, Ernakulam 682011

High Court Of Kerala · Decided on 23 September 2022

HON’BLE JUDGES
P.B.Suresh Kumar, J · Sophy Thomas, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (Crl.) No. 860 of 2022

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Judgment

6 paragraphs · 229 words

Sophy Thomas, J.

1.

Pursuant to the order of this Court dated 19.09.2022 the detenues Smt.Sreelakshmi Madhu and her son Ayush were produced before us today. The petitioner-mother of the detenue also is present before us. We interacted with them.

2.

The detenue submitted before us that she is not under the illegal detention of respondents 3 and 4, and she is residing in a flat along with her son. Since she is having some matrimonial issues with her husband/R5, she is not intending to go with him. She is not ready to go with her parents also. She is a 28 year old lady able to take her own decisions, and she wants to live independently with her child. She is educated and well informed about the consequences of her decision.

3.

The petitioner-mother is little apprehensive about the safety and wellbeing of her daughter, and according to her, the detenue is having some mental issues, for which immediate treatment has to be given.

4.

From our interaction with the detenue, no such mental issues could be noticed and she is firm in her decision to stay alone, avoiding her parents and husband. Since we are not convinced of any illegal detention of Smt.Sreelakshmi Madhu and her son Ayush, she is let free to go according to her own will and wish.

Accordingly, the writ petition is dismissed.