LAWS(KER)-2012-5-32

SHIJO P MATHEW Vs. SUB INSPECTOR OF POLICE

Decided On May 02, 2012
SHIJO P.MATHEW, S/O.ABRAHAM MATHEW Appellant
V/S
SUB INSPECTOR OF POLICE THIRUVALLA POLICE STATION Respondents

JUDGEMENT

(1.) MOHANAN,J: The above writ petition (habeas corpus) is preferred by one Shijo.P.Mathew, who claimed to be the lover of one Ms.Rinu Jacob, the daughter of the second respondent, alleging that the said girl, who is a major, is under the illegal custody of the second respondent- father.

(2.) WHEN the above writ petition came up for consideration on 27.03.2012, this Court issued notice to second respondent through special messenger and posted the matter to 2.4.2012. WHEN the matter was taken up on 2.4.2012, the second respondent sought time to produce the alleged detenue. Accordingly, this Court adjourned the case to 10.4.2012. Thus, when the case was taken on 10.4.2012, the alleged detenue was produced and this Court had interaction with the alleged detenue Ms. Rinu Jacob and as per the order dated 10.4.2012, this Court has recorded the statement of Ms.Rinu Jacob, the alleged detenue that she does not want to go home with the parents who are present in the court on that day and this Court has also interacted with the parents of the alleged detenue. Thereafter, by the same order dated 10.4.2012, this Court adjourned the case to 13.4.2012 at 1.30 p.m. in the Chambers and directed that the alleged detenue should reside in Santhi Niketan Hostel, Near Lourdes Hospital, Pachalam, Ernakulam District and also directed that a woman Police Constable not in uniform should accompany the alleged detenue to the aforesaid hostel. It was also directed that the detenue should be produced before this Court on 13.4.2012 at 1.30 pm. in the Chambers by a woman Police Constable not in uniform. It was also observed that the father of the alleged detenue would meet the boarding and lodging expenses of the alleged detenue in the hostel and the parents of the alleged detenue are allowed to interact with the alleged detenue during the visiting hours of the hostel. Subsequently, in terms of the order dated 10.4.2012, Ms.Rinu Jacob, the alleged detenue was produced before this Court on 13.4.2012, on which date also this Court had interacted with the alleged detenue during which she said that she did not want to go with the parents and she would like to go with the petitioner. Again by order dated 13.4.2012, this Court ordered that the alleged detenue should continue to reside in the Santhi Niketan Hostel, Near Lourdes Hospital, Pachalam, Ernakulam District pending consideration of the matter and the same directions were issued by this Court for taking the alleged detenue to the hostel and for producing her before this Court on 2.5.2012 at 1.30 p.m. in the Chambers. It was also directed that the father of the alleged detenue would continue to meet the boarding and lodging expenses of the alleged detenue in the hostel. Accordingly, the case is adjourned and posted to this date,i.e.on 2.5.2012 at 1.30 p.m. in the Chambers.