Kerala High Court
Smt. Sulochana vs State Of Kerala on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(CRL.) NO. 1252 OF 2022
PETITIONER/S:
SMT. SULOCHANA, AGED 51 YEARS, W/O. SHAJI, RESIDING AT
SHAJI BHAVANAM. KODUMAN, EAST P.O, ERUTHUVA KUNNU
HOUSE, KODUMAN VILLAGE, ADOOR TALUK, PATHANAMTHITTA
DISTRICT-691555.
BY ADVS. SANTHAN V.NAIR
CHRISTEENA P GEORGE
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA, GOVT. SECRETARIAT, STATUE,
THIRUVANANTHAPURAM 695001.
2 STATE POLICE CHIEF, POLICE HEAD QUARTERS,
VAZHUTHAKADU, TRIVANDRUM 695014.
3 DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF, THAZHEVETTIPRAM,
PATHANAMTHITTA, KERALA- 689645.
4 STATION HOUSE OFFICER,
KODUMAN POLICE STATION, EZHAMKULAM, KAIPATTOOR ROAD,
KODUMON, PATHANAMTHITTA DISTRICT-691555.
5 ELIAMMA, BETHAL HOUSE, ANGADIKAL SOUTH MURI,
ANGADIKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA
DISTRICT 691555.
6 BINU VARGHESE, BETHAL HOUSE, ANGADIKAL SOUTH MURI,
ANGADIKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA
DISTRICT 691555.
OTHER PRESENT:
SRI. E.C BINEESH-GP SRI. M.S.IMTHIYAZ AHAMMED-R5
THIS WRIT PETITION (CRIMINAL) HAVING COME BEEN FINALLY
HEARD ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl).1252/22
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ALEXANDER THOMAS & SOPHY THOMAS, JJ.
==================
W.P.(Crl).No. 1252 of 2022
==================
Dated this the 6th day of January, 2023
JUDGMENT
ALEXANDER THOMAS, J.
The prayers in the instant Writ Petition (Criminal) seeking for
the Writ of Habeas Corpus, are as follows:
"A. Writ in the form of Habeas corpus or any other appropriate Writ,
Direction or Order directing the respondents 1 to 4 to find out the
whereabouts of the husband of the Petitioner; Shaji Varghese, aged
54, S/o Raju, Bethel, Anghadikal South-Muri, Anghadikal Village,
Adoor Taluk, Pathanamthitta District and bring him before this
Hon'ble Court.
B. Such other relief this Hon'ble Court may deem fit and proper in the
nature and circumstances of the case.
C. Dispense the production of English translation of Documents in
Vernacular language
And
D. Cost of the Proceedings."
2. Heard Sri.Santhan V.Nair, learned counsel appearing for
the petitioner, Sri.E.C.Bineesh, learned Prosecutor appearing for
official respondents 1 to 4 and Sri.M.S.Imthiyaz Ahammed, learned
counsel appearing for R-5. Though notice has been duly served on
W.P.(Crl).1252/22
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contesting respondent No.6, there is no appearance for that party.
3. The case set up in the above W.P.(Crl). is to the effect that
the petitioner herein is the wife of the alleged detenu (Sri.Shaji
Varghese, son of R-5 and brother of R-6) and that, their marriage was
solemnized on 18.2.1992 and a girl child by name, Jeena Shaji, was
born in the wedlock, who is now aged 25 years. The said daughter is
differentially abled and is suffering from 87% permanent disability, as
evident from Ext.P-1 medical certificate. Further that, the alleged
detenu was not taking care of the financial needs of the petitioner and
her daughter and so, they were constrained to approach the Judicial
First Class Magistrate Court, Adoor, seeking for Maintenance Claim
under the Domestic Violence Act, which resulted in Ext.P-2 order
dated 22.12.2017, in M.C.No. 11/2014 on the file of the Judicial First
Class Magistrate Court, Adoor, wherein it has been ordered that the
alleged detenu shall pay monthly maintenance @ Rs. 2,500/- to the
petitioner (wife) and Rs. 2,500/- to the mentally disabled daughter.
That, the alleged detenu has consistently defaulted in making
payments and all efforts for getting execution of the order have
turned out to be in vain and the processes sent to the alleged detenu
W.P.(Crl).1252/22
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have been returned unserved. Further, it is reported that her husband
(the alleged detenu) is missing and various complaints made by the
petitioner with the Police authorities to trace out the missing husband
have not turned out to be successful, etc.
4. We have issued notice in this case on 16.12.2022 and had
directed the competent Police authorities to furnish instructions.
Later, when the case was taken up on 21.12.2022, the learned
Prosecutor has submitted, on the basis of the instructions, that steps
have been taken to register FIR under Sec. 57 of the Kerala Police Act,
2011, in relation to the missing of the petitioner's husband and that,
after investigation, the Police expects to trace out the missing person
and produce him before the jurisdictional Magistrate Court and
subsequently, before this Court as well.
5. Today, when the matter has been taken up for
consideration, Sri.E.C.Bineesh, learned Prosecutor appearing for
official respondent Nos.1 to 4 submits, on the basis of
instructions, that the alleged detenu/missing person (petitioner's
husband) was traced out and he was produced before the Judicial
First Class Magistrate Court concerned and was set at liberty.
W.P.(Crl).1252/22
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6. Further that, today, R-4 has also ensured the production
of the alleged detenu/ missing person before this Court. We have
interacted with the alleged detenu/ missing person, who stated that
he was forced to leave his residential home due to marital discords
and that, to eke out a living, he is now employed as a domestic help in
the house of an aged person in Kollam. Further that, it was also
alleged that he has been assaulted at the instance of the petitioner
and his complaint in that regard has not been acted upon, etc.
7. On being queried as to whether he could pay maintenance
at least to his disabled daughter, the alleged detenu has submitted
that he will make efforts to ensure that the maintenance amounts,
due to his daughter, are paid without delay, subject to availability of
funds, etc.
8. Sri.M.S.Imthiyaz Ahammed, the learned counsel for R-5
has submitted that he is also authorised to appear for the alleged
detenu and that, this Court may direct the alleged detenue and the
petitioner to approach the District Mediation Centre, Pathanamthitta,
for mediatory efforts, etc.
9. The learned counsel for the petitioner would also welcome
W.P.(Crl).1252/22
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the said suggestion of the learned counsel for R-5. The learned
counsel for R-5, the alleged detenu and the learned counsel for the
petitioner would submit, on the basis of the instructions of the
respective parties, that their respective parties would appear before
the Nodal Officer/District Co-ordinator of the District Mediation
Centre, Pathanamthitta for mediatory efforts on 28.1.2023 (Saturday)
at 10.30 AM.
10. The abovesaid undertakings made by the respective
parties are hereby recorded. The District Mediation Centre,
Pathanamthitta, may take effective steps for ensuring that the parties
are referred to a Mediator on the same day itself and complete the
mediation process without much delay.
11. The learned Prosecutor would submit that the present
address and mobile number of the alleged detenu as well as his
present employer, where the alleged detenu is employed as a
domestic help, have already been given to the learned counsel for the
petitioner.
12. The learned counsel for the petitioner may give the details
in that regard to the Judicial First Class Magistrate Court-I, Adoor,
W.P.(Crl).1252/22
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who has passed Ext.P-2 order in M.C.No.11/2014 and where the
execution proceedings are said to be pending.
13. In that regard, since the parties are now prepared for
mediatory efforts, the learned Magistrate may await for some time
and in case the counsel for the petitioner moves an application for
further steps in the execution proceedings, then the same may go on.
No other orders and directions are called for.
With these observations and directions, the above Writ Petition
(Criminal) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
SOPHY THOMAS, JUDGE
sdk+
W.P.(Crl).1252/22
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APPENDIX OF WP(CRL.) 1252/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE STANDING DISABILITY ASSESSMENT
BOARD CERTIFICATE DT. | 9.1.2018 ISSUED BY THE
GENERAL HOSPITAL, PATHANAMTHITTA.
Exhibit P2 TRUE COPY OF THE FINAL ORDER DATED 22-12-2017
PASSED IN MC NO.11/2014 ON THE FILES OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-1, ADOOR.
Exhibit P3 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED
29-01-2018 FILED AS CMP NO.379/2018 IN MC
11/2014 BEFORE THE JFCM COURT-1, ADOOR.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED NIL FILED
BEFORE THE DISTRICT POLICE CHIEF,
PATHANAMTHITTA.
Exhibit P5 TRUE COPY OF THE RECEIPT DATED 31-08-2022
EVIDENCING FILING OF THE COMPLAINT BEFORE THE
3RD RESPONDENT.
Exhibit P6 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 4TH
RESPONDENT ALONG WITH COPY OF RECEIPT DATED 28-
08-2022 ISSUED BY THE 4TH RESPONDENT.
