MANOHARAN. T. Vs. PRASANNA KUMARI AND ORS.

JUDGEMENT

(1.) THIS judgment must be read in continuation of the orders passed by this Court from 19 -8 -2009 till 15 -9 -2009. The petitioner is the son of the alleged detenue - a woman aged about 78 years. The said detenue has three children. The petitioner is the only son. The first respondent is her eldest daughter. There is one more daughter for the alleged detenue, who has not been arrayed as party in this proceedings. The second respondent is the husband of the first respondent whereas the third respondent is the brother of the alleged detenue.

(2.) THE petitioner is unmarried. His mother - the alleged detenue, was residing with him. It is his grievance that his mother was forcibly taken away by respondents 1 to 3 on 19 -7 -2009. She was admitted to the hospital. According to the petitioner, she was being illegally detained and confined by respondents 1 to 3.

(3.) THE petitioner raised a grievance that the alleged detenue is being detained against her wish and desire. All concerned admitted that the present condition and the old age of the alleged detenue is such that her presence before court cannot be insisted. In these circumstances, the learned Chief Judicial Magistrate, Manjeri, was requested to proceed to the hospital to ascertain the wishes of the alleged detenue. The learned C.J.M., Manjeri, has accordingly visited the hospital. A report dated 22/9/09 has been submitted by the learned C.J.M. To the report is appended, a statement of the alleged detenue recorded by the learned C.J.M.