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Judgment
R. Basant, J.—The petitioner has come to this Court with this Writ Petition for issue of a writ of Habeas Corpus to search for, trace and produce her daughter, Manju, a woman aged about 28 years. The said Manju, hereinafter referred to as the alleged detenue, is a married woman. She has two children aged 6 years and 4 years. Her husband, Jojo, is employed abroad. According to the petitioner, she resides at her house at Chakkanattuveliyil in Thomattuchal, Battery Taluk along with the alleged detenue Manju and her two children. In addition to Manju, she has two male children. They have set up separate residences and are residing there. The petitioner resides in a house belonging to her at Chakkanattuveliyi along with the alleged detenue and her two children.
While so residing, on 10.9.2010 the alleged detenue was found missing. She was brought back. But she left her house again. Initially she was found missing along with her two children. But on 12.9.2010 she had left her children with the petitioner and had left her house. In these circumstances the petitioner had come to this Court with this Writ Petition for issue of a writ of Habeas Corpus on 20.9.2010.
The Writ Petition was admitted on the same day. It was posted to 27.9.2010. On that day the case was adjourned to this date.
Today when the case is called the petitioner is present. Her two sons have also come along with her to the Court. She is represented by a counsel.
The alleged detenue has been traced by the police at Nazareth Congregation, Kakkavayal, Wayanad. The alleged detenue has come to Court. The husband of the alleged detenue, Jojo, who is employed abroad, has come from his place of employment abroad. He has also come to Court.
We permitted the petitioner and her sons to have interactions with the alleged detenue. Later, after her husband reached the Court, we permitted the alleged detenue and her husband Jojo to have interaction with each other.
The petitioner and her sons submitted that the alleged detenue has some mental ailment and is uncontrollable. According to them, she had actually left the house of the petitioner along with the third respondent, one Shaiju. The alleged detenue denies this allegation totally. According to her, unable to stand the insult and harm showered on her by her mother and brothers, she was forced to take shelter at the Nazareth Congregation, Kakkavayal. She has gone there expecting her husband to return. At the Nazareth Congregation she has been promised shelter only till her husband returns from abroad. She wants to return with her husband Jojo. She wants to live along with her husband ad children at the house of the petitioner at Chakkanattuveliyil. The alleged detenue states that she and her husband would like to reside there with their two children, both girls aged 6 years and 4 years. There may be no interference by the petitioner and her two sons, she prays.
The petitioner and her two sons submit that the petitioner will only be happy not to reside along with the alleged detenue at her house at Chakkanattuveliyil. She would like to reside with either of her sons. She does not want to return to the house at Chakkanattuveliyil. However, the petitioner states that some personal belongings of hers are available in the house and she would like to take them away to the house of her son, where she proposes to live. The alleged detenue has no objection against the petitioner taking away whatever articles belonging to her, which are available in that house.
The petitioner and her two sons insist that Jojo, the husband of the alleged detenue, must be responsible for all the conduct and action of the alleged detenue. Jojo undertakes to be so responsible. He submits that if that is what is required, he shall not return to his place of employment abroad and shall continue to reside with his wife and children at Chakkanattuveliyil. The petitioner and her sons have no objection against the alleged detenue living in the said house, which stands in the name of the petitioner, along with her husband and children.
The petitioner and her sons aired the apprehension that the alleged detenue may become uncontrollable. Jojo, the husband of the alleged detenue, agrees to take care of the alleged detenue even if there be any necessity to get the alleged detenue treated for her uncontrollable behaviour on account of her alleged mental illness. Jojo, her husband, states that he shall look after her. The petitioner and her sons state that they shall not go to the house at Chakkanattuveliyil, where the alleged detenue and her husband along with their children shall be residing. They pray that the arrangements may be monitored by the Court for some time before this Writ Petition is closed finally.
We cannot vouch for the mental condition of the alleged detenue. We can only record that she gave cogent answers to our questions and we do not feel that she is suffering from any such mental ailment now, which would make it unsafe for her husband to live along with her and their children at Chakkanattuveliyil. In these circumstances we accept the arrangement agreed upon between all concerned. We record the arrangement agreed upon between the parties and accordingly we pass the following order.
(1). This Writ Petition is, in these circumstances, dismissed.
(2) The alleged detenue, Manju, is permitted to leave the Court along with her husband, Jojo, as agreed by the petitioner and her sons (Rajan and Saseendran).
(3) We record the agreement that the alleged detenue along with her husband Jojo and their two children shall be residing at Chakkanattuveliyil house and that the petitioner and her sons shall not in any way object to or interfere with their residence in that house.
(4) We record the submission of Jojo, the husband of the alleged detenue, that he shall look after his wife, the alleged detenue, and the two children and that if any treatment is necessary for the alleged detenue for her alleged mental ailment, he shall take responsibility for the same.
(5) As agreed by all the parties, we direct that this case be called before us again on 8.11.2010 for hearing the parties about the working of the arrangements and for further directions, if any, necessary.
(6) The parties agree that the petitioner shall be at liberty to take her personal belongings in the house at Chakkanattuveliyil on 8.10.2010. The learned Govt. Pleader agrees that the police shall ensure that no untoward incident takes place while the petitioner takes away her articles in the house as agreed by the alleged detenue and her husband.