Dismissed

Tomychan @ Poulose v. the State of Kerala

Kerala HC15 Oct 2012WP(Crl.)/489/2012

Case brief

AI extract

What is this about?

Petitioner filed a writ of habeas corpus alleging illegal detention of his wife by the fifth respondent. The court noted the wife was traced and willing to return, found no scope for the writ, and ordered her to join the family.

What did the court decide?

Writ petition disposed of; detenue directed to join petitioner and children back and live with them as a dutiful wife/mother.

Tomychan @ Poulose Vs the State of Kerala — Writ and Judicial Review | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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MONDAY, THE 15TH DAY OF OCTOBER 2012/23RD ASWINA 1934 WP(Crl.).No. 489 of 2012 (S)

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PETITIONER(S):

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TOMYCHAN @ POULOSE, AGED 44 YEARS, S/O.CHANDY, THARAYIL HOUSE PALLICKATHODU, ARUVIKUZHI (P.O), KOTTAYAM DISTRICT. BY ADV. SRI.MVS.NAMBOOTHIRY

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RESPONDENT(S):

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THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF HOME AFFAIRS, SECRETARIAT THIRUVANANTHAPURAM - 695 001.

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THE DISTRICT POLICE CHIEF, KOTTAYAM 686 001

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THE CIRCLE INSPECTOR OF POLICE, PONKUNNAM 686 502

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THE SUB INSPECTOR OF POLICE, PALLICKATHODU 686 502

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SHAJI ABRAHAM, MADATHIL HOUSE, AYARKUNNAM (P.O) KOTTAYAM 686 564.

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R1 TO R4 BY GOVERNMENT PLEADER SRI.M.K.ABUBACKER

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 15-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(CRL) 489 OF 2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P-1 TRUE COPY OF THE F.I.R. IN CRIME NO.573/2012 OF PALLICKATHODU POLICE STATION.

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RESPONDENTS' EXHIBITS

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PIUS C. KURIAKOSE &

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BABU MATHEW P. JOSEPH, JJ.

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W.P.(Crl) No. 489 OF 2012

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Dated this the 15^th day of October, 2012

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J U D G M E N T

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PIUS C. KURIAKOSE, J

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This writ petition is filed by Sri.Tomychan @ Poulose, husband of Smt.Aleyamma @ Bindu seeking a writ of Habeas Corpus for the production of the body of his wife Smt.Aleyamma @ Bindu who he alleges is illegally detained by the 5^th respondent against her wishes. On considering this writ petition for admission we directed the Additional Director of Prosecution who took notice on behalf of respondents 1 to 4 to seek instructions from the concerned among R1 to R4 as to the progress of the investigation conducted in Ext.P1 crime. We issued notice on admission by special messenger to R5 who is directed to produce before this Court Smt.Aleyamma @ Bindu at

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W.P.(Crl)No.489 of 2012

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-:2:-

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10.15 a.m. on 22.10.2012. Today in the morning Sri.M.K. Abubacker, Senior Government Pleader submitted that a police party accompanied by the petitioner went over to Bombay and they could trace out Aleyamma @ Bindu from a restaurant. Aleyamma was thus retrieved and is now produced before this Court. Senior Government Pleader requested that the hearing date of the case be preponed to this date. Accepting the above request this case is taken up now.

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Sri.M.K.Abubacker, Senior Government Pleader

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submitted that the petitioner has been giving very useful support and assistance to the police party in the matter of tracing out the detenue. According to Mr.Abubacker, the detenue and the petitioner have decided to rejoin. We interacted with the detenue Aleyamma @ Bindu as well as the petitioner Sri.Tomychan. Sri.Tomychan told us that he is ready to forget and forgive everything and to welcome Aleyamma @ Bindu back to his household. Aleyamma @ Bindu also told us that she repents everything that happened and wants to join her husband and her two children both of whom are boys.

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W.P.(Crl)No.489 of 2012

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-:3:-

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Sri.M.V.S. Nampoothiry, learned counsel for the petitioner submitted that it is understood that the 5^th respondent has procured certain documents from Aleyamma @ Bindu purporting to be documents of consent for filing of a divorce petition seeking a divorce of the marriage of Aleyamma @ Bindu with the petitioner. We record the above submission of Mr.Nampoothiry.

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The only question which arises for decision before us is whether a writ of Habeas Corpus sought for in the writ petition should be granted. In fact the detenue has already been traced out and she has expressed her willingness to join the petitioner back. The petitioner has expressed his willingness to take her back. There is no scope for issuing a writ of Habeas Corpus and under the above circumstances, we dispose of the writ petition directing the detenue, Aleyamma @ Bindu, to join her husband and children back and to live with them as a dutiful wife/mother

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here after.

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Sd/- ( PIUS C. KURIAKOSE, JUDGE)

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Sd/- (BABU MATHEW P. JOSEPH, JUDGE)

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ul/-

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[True copy]

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P.S. to Judge.

Tomychan @ Poulose v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Tomychan @ Poulose v. the State of Kerala

Case brief

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