Antony Dominic, J. Petitioner and the 4th respondent are husband and wife. In the wedlock, two children were born, of them, one is Ms Neethu Joseph, aged 18 years. Pleadings show that the petitioner and his wife are residing separately for more than 8 years. According to the petitioner, when his daughter was in the custody of his wife, she was subjected to sexual harassment and that pursuant to the orders passed by the Chief Judicial Magistrate Court, Kozhikode, the detenue was produced before the 2nd respondent, the Child Welfare Committee, Kozhikode and that she is now accommodated at the After Care Home. Contending that the life of the detenue is miserable and that her stay in the After Care Home is against her wishes, the father of the detenue has filed this writ petition seeking the issuance of a writ of habeas corpus for setting the detenue at liberty.
2. By order dated 20/6/14, this Court issued notice to the parties and also ordered production of the detenue before us
W.P.(Crl.) No.256/14
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today. Today, when the matter was taken up, the detenue was produced and in answer to our questions, she informed us that her desire is to live hereafter with the petitioner, her father. The 4th respondent, the mother of the detenue, was also present in Court and she also informed us that she has no objection whatsoever in the detenue being left in the company of her father.
In the aforesaid circumstances, this writ petition is disposed of leaving the detenue Ms Neethu Joseph in the custody of her father.
Rp //True Copy// PA to Judge Sd/-
ANTONY DOMINIC JUDGE Sd/-
ALEXANDER THOMAS JUDGE