Sruthi Raj D vs Mohandas.S

C.S.Sudha, J.

The petitioner states that she is a close friend of the first respondent's wife, Anju, aged 32 years, the detenue. Anju and the first respondent have two children. Due to severe torture and harassment by the first respondent, Anju left her marital home and went back to her parental home along with her children. The petitioner and friends arranged a rented house for the detenue and her children. A few days thereafter, a relative of the first respondent contacted the detenue and informed her that she could go to the house of the first respondent and collect her dress and other personal belongings. Accordingly on 02/06/2023, the detenue and her children went to her matrimonial home. Thereafter the detenue has not returned. Though the petitioner tried to contact the detenue, the latter is not picking up the calls. Later on the petitioner has come to know that the detenue has been kept in some unknown place by the first respondent. The petitioner apprehends that the life of the detenue is in danger and that she is kept in the illegal detention of the first respondent against her will. Therefore, the writ petition seeking a writ of habeas corpus directing the respondents to produce the detenue before the court and to set her at liberty.

Heard Sri.D.Vimal Dev, the learned counsel for the petitioner and Sri. K.A.Anas, the learned Government Pleader.

Pursuant to order dated 16/06/2023, the alleged detenue; the first respondent, her husband and the third respondent, her mother appeared before this Court. The alleged detenue, Anju, on the said day refused to go with her husband. The mother submitted that her daughter has no serious issues with her husband and that her daughter is undergoing treatment for depression. The husband has also submitted that he is also undergoing counselling. In the facts and circumstances of the case, especially in the light of the stand taken by the alleged detenue that she was not ready to go back to her matrimonial home, this Court in order to ascertain whether the said stand of Anju is one that can be acted upon, thought it appropriate to send her with her mother for a short period. The mother agreed that she would take her daughter to her home and produce her before this Court as and when directed. The authorities of One Stop Centre attached to the District Hospital, Palakkad was directed to extend psychological counselling, if any, required to Anju at her place of residence. The first respondent was also directed to appear before the One Stop Centre, Palakkad for counselling. The learned Government Pleader was directed to obtain and submit before this Court a confidential report from the counsellor attached to the One Stop Centre as to the health condition of both the alleged detenue and the first respondent.

Today, the alleged detenue as well as her mother, the third respondent, is present. The first respondent, husband is absent. The report of the counsellor, Sakhi One Stop Centre, Palakkad is also before us. The report refers to the reasons as to why the detenue does not want to join her husband. When we interacted with the detenue she again reiterated her stand that she is not ready to join her husband.

The detenue is a major aged 32 years, capable of taking her own decisions in the matter. In such circumstances, she is set at liberty and permitted to go as per her wishes. The Registry is directed to keep the report of the counsellor confidential.

The writ petition is closed.

Interlocutory applications, if any pending, shall stand closed.