Antony Dominic, J.
In the wedlock of the petitioner with the additional 4th respondent, three children were born. Among them, Rilsana, who is now aged 18 years is the eldest. The couple are living separately for the last eight years and certain unfortunate circumstances which led to the registration of criminal cases involving offences under Section 190 of the Indian Penal Code have also occurred. The petitioner's daughter was entrusted to the custody of the 2nd respondent and in Exhibit P4 order this Court had also ordered that the child should be produced before this Court as and when she attains the age of 18 years. However, that was not done and alleging that the child is kept inaccessible to the petitioner and is in illegal detention, the petitioner has filed this Writ Petition, with the prayer for the issuance of a writ of habeas corpus.
2. This Court by order dated 21.5.2014 ordered the production of the alleged detenue before us today and WPCr.No.190/14
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accordingly, she is produced before us. On her appearance, we interacted with her and the disclosures made by her reveals that immediately after she attained the age of 18 years, the 2nd respondent shifted her to 'Aftercare Home' in Calicut. She also told us that she is now a plus two student in the JDT Islam Higher Secondary School, Calicut. She further told us that she wants to go along with her father, so that she can continue her studies and also attend her coaching classes for the Entrance Examinations.
Undisputedly, the detenue is a major. She has expressed her desire to be in the custody of her father with whom, the other two siblings are also staying. In such circumstances, this Writ Petition is disposed of leaving the detenue in the custody of her father, who is also present in Court.
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ANTONY DOMINIC, JUDGE.
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ANIL K. NARENDRAN, JUDGE.
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