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Judgment
Vinod Chandran, J.
Read order dated 14.09.2021:
"We are informed by the learned Senior Government Pleader that despite concerted effort by the 1st respondent-Station House Officer, the daughter of the 2nd respondent was not able to be contacted. According to the learned Senior Government Pleader, it was informed by the 1st respondent that the 2nd respondent's daughter is undergoing treatment in Thiruvananthapuram. In fact a vehicle was arranged for the 1st respondent to travel to Thiruvananthapuram, but later it was informed that the daughter of the 2nd respondent was discharged from the hospital in which she was admitted.
Ms.Asha Mariyam Mathews, learned Counsel, appears for the 2nd respondent and submits that the daughter of the 2nd respondent is consulting a Psychologist in Ernakulam and is at present at Kaloor. Today since the Consultant was not available, the consultation did not go through. The 2nd respondent is staying back for seeing the Doctor on tomorrow and the learned Counsel submits that the exact time of the session is not known to her.
In such circumstances, we direct the 2nd respondent not to leave Ernakulam with his daughter, without orders from this Court. We post this matter tomorrow [15.09.2021] so as to ascertain the time when the 2nd respondent's daughter can be produced before us. The 2nd respondent has to instruct the Counsel as to the time convenient for production before Court".
We directed presence of a Psychiatrist since it was submitted that the daughter of the 2nd respondent was undergoing psychiatric consultation.
On our directions, Dr.Ajitha.C., Professor and Head of Department, Department of Psychiatry, Government Medical College, Ernakulam, was present when the matter was taken up. The 2nd respondent was present along with his wife and daughter. We first requested the Psychiatrist to have an interaction with the subject alone. After interaction the Doctor tells us that though the subject had an affair with the petitioner, now she wants to live with her parents. The Doctor also informs us that the subject does not have any psychiatric problems and requires only counselling especially due to the stress undergone by her.
We also interacted with the subject, who was very clear in her mind and expressed her desire to go with her parents. We then invited the Counsel into our Chambers and informed them the desire of the subject. We directed the subject to be sent along with her parents, as she desired. We find no reason to keep the writ petition pending and we dismiss the same.