BINSY ROBY Vs. DIRECTOR OF GENERAL OF POLICE

JUDGEMENT

(1.) This is a habeas corpus petition filed by a daughter stating that her father is forcibly admitted in the mental hospital by her mother and two brothers. We have directed that the alleged detenu to be produced. The alleged detenu was present and he stated that he has no mental illness. Already a petition under Section 498A IPC was filed by the wife, but, in that petition also there was no allegation of mental illness. It is also submitted that already sufficient property was given to the sons. Even though sons are aged more than 30, they are not married. It is further submitted that still the father has five acres of land and a house at Pala near to the two acres of rubber plantation of his wife and there is also a house owned by him at Neeloor.

(2.) Counsel for respondents 5 to 7 submitted that actually the petition under section 498A was not filed by the fifth respondent. If that be so, it is for the fifth respondent to approach the Magistrate's Court for withdrawing the case. It is further submitted that father is threatening the fifth respondent wife that he will commit suicide and trying to assault her. It is also stated that he has a loaded gun.

(3.) We have talked to the alleged detenu and he appears to be normal and answered all the questions very logically. In the above circumstances, the alleged detenu can stay at Neeloor and respondents 5 to 7 mother and the sons can stay at Pala at the alleged detenu's house. There will not be any threatening to fifth respondent by the alleged detenu if they are living apart. The matter can be compromised through mediators. The family disputes also can be resolved through Family Court. So, we direct that the alleged detenu should be allowed to stay at Neeloor with a condition that petitioner and her husband should look after him. Respondents 5 to 7 shall not go to Neeloor and disturb him. Petitioner and alleged detenu shall not go to Pala to cause any threat to the fifth respondent and her sons. This habeas corpus petition is disposed of with the above direction. This judgment will not prejudice the parties to approach Family Court or criminal court for settling any dispute and if such disputes are raised, it should be resolved untrammelled by the observations in this judgment.