Mohanan,J:
The above two writ petitions are filed respectively by the husband and mother of one Anjana with the prayer to issue a writ of habeas corpus and to produce the body of Mrs.Anjana and her children viz., Abhishek and Agnus. As the subject matter of the above two writ petitions are identical and prayer in both the writ petitions are also similar, we heard the above writ petitions together and being disposed of by this common judgment.
2. WP(Crl) No.322 of 2014 is filed at the instance of the husband of the said Anjana and the father of Abhishek aged 6½ years and Agnes aged 4½ years. In the above petition, it is averred that Anjana is legally married wife of the petitioner and in their wedlock, the above named children are born. According to the petitioner, the said Anjana was working as an Office Staff in the computer centre conducted by the fifth respondent at Kottayam and on 17.7.2014, his wife along with her children were missing. According to the petitioner, the fifth respondent's antecedent is not good and he abducted his wife and children. Therefore, he preferred the present petition with the aforesaid prayer.
3. In WP(Crl) 336 of 2014, the case of the petitioner, who is the mother of said Anjana and maternal grandmother of the above named children is that her daughter Anjana and her grandchildren are found missing from the matrimonial house of her daughter from 17.7.2014 onwards. It is alleged that the petitioner and her daughter belonged to Hindu Religion whereas the fourth respondent, who is her husband belongs to Christian religion. Their marriage was conducted after her conversion to Christian community. According to the petitioner, after the marriage, the fourth respondent did not permit her daughter to come to her house and contact her and her relatives. According to the petitioner, even though her daughter had a happy married life during the initial time, subsequently, the relationship got strained and the fourth respondent has got an illicit relationship with another lady, which is questioned by the daughter of the petitioner and subsequently, the fourth respondent ill-treated the daughter of the petitioner both mentally and physically. It is under the said circumstances, according to the petitioner, her daughter and the grandchildren were found missing. Therefore, she preferred this writ petition stating that her daughter and children are under the illegal custody of respondents 4 to 6.
4. W.P(Crl) No.322 of 2014 was filed on 4.8.2014 whereas the other writ petition is filed on 14.8.2014. Even though this Court passed various interim orders on different occasions, the Police failed to trace out the detenues though they have claimed that various steps were taken towards the investigation. However, this Court in W.P (Crl) No.336 of 2014 passed an interim order on 7.10.2014 directing the Superintendent of Police, Kottayam to appear in our Chambers on this date at 10 a.m. for interaction with him to get a clear understanding about the steps taken by the Police towards tracing out the detenues. However, when the cases are taken in the Chambers on this date at 10 a.m. the petitioners in both the writ petitions, the fifth respondent in WP(Crl) No.322 of 2014 and the detenues appeared before us. As the detenue is traced out and produced before us, the Superintendent of Police, Kottayam need not appear before us.
5. We interacted with the alleged detenue viz., Mrs.Anjana, who is aged 29 years and who have passed BA Degree. We have also interacted with the petitioners in both the writ petitions as well as with the fifth respondent in W.P(Crl) No.322 of 2014.
6. During the course of our interaction with Mrs.Anjana, the wife of the petitioner in W.P(Crl) No.322 of 2014 and the daughter of the petitioner in W.P(Crl) No.336 of 2014, she submitted before us that she voluntarily left the company of her husband along with her children. She has also stated that she is not under the illegal custody of anybody including the fifth respondent in W.P(Crl) No.322 of 2014. She has also stated in an unequivocal language that herself and her children wanted to go along with the petitioner viz., Libi Jose Philip, who is her husband.
7. The detenues were traced out by the Police on the basis of the letter allegedly given by one Binoy Varghese, who is the fifth respondent in W.P(Crl) No.322 of 2014 to his wife and the petitioner in W.P(Crl) No.322 of 2014 has also rendered assistance to the Police to locate the detenues and bringing back them and to produce before this Court.
7. In the light of the submission of the detenue Mrs.Anjana, it is crystal clear that the apprehension of the petitioners in both the above writ petitions is unfounded and their case that the said detenue is under the illegal custody of anybody is incorrect and baseless. As the detenue herself submitted before us that she herself and her children are not under the illegal custody of anybody, there is no scope for any further enquiry in these proceedings and no further orders are necessary.
In the result, these writ petitions are closed.
Sd/-
V.K.MOHANAN, Judge sd/- K.HARILAL, Judge MBS/ -true copy-
P.S.TO JUDGE.