Mrs. Ivy Susan Paiva vs Robin Johnson
2024 Latest Caselaw 13500 Ker

Kerala High Court

Mrs. Ivy Susan Paiva vs Robin Johnson on 24 May, 2024

Author: Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
    THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                            &
          THE HONOURABLE MR. JUSTICE P.M.MANOJ
  FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                WP(CRL.) NO. 535 OF 2024
PETITIONER:

          MRS. IVY SUSAN PAIVA
          AGED 48 YEARS
          W/O. LATE ANTONY F P PAIVA, LAZ DALE,KOLLAMPARAMBIL
          LANE, ST.FRANCIS CHURCH ROAD, ELAMKULAM
          VILLAGE,KALOOR, ERNAKULAM DISTRICT., PIN - 682017

          BY ADVS.
          P.M.JOSHI
          SIJI K.PAUL
          BONNY BABY
          SRUTHI SUNILKUMAR
          C.GOKULKRISHNAN

RESPONDENTS:

    1     ROBIN JOHNSON,
          S/O.P.J.JOHNSON, PALLIPARAMBIL HOUSE, KATHRIKADAVU,
          THAMMANAM PULLEPPADY ROAD, NEAR DISTRICT HOMEO
          HOSPITAL, ERNAKULAM DISTRICT, PIN - 682017

    2     P. J. JOHNSON
          S/O. NOT KNOWN TO THE PETITIONER PALLIPARAMBIL HOUSE,
          KATHRIKADAVU, THAMMANAM PULLEPPADY ROAD, NEAR DISTRICT
          HOMEO HOSPITAL ERNAKULAM DISTRICT, PIN - 682017

    3     THE COMMISSIONER OF POLICE
          ERNAKULAM CITY POLICE, PARK AVENUE ROAD, ERNAKULAM
          DISTRICT, PIN - 682011

    4     THE STATION HOUSE OFFICER (SHO) OF POLICE
          ERNAKULAM NORTH POLICE STATION, ERNAKULAM DISTRICT,
          PIN - 682018

          BY ADV V.C.RAJESH


          SRI P M SHAMEER, GOVERNMENT PLEADER

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
FINAL HEARING ON 24.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(Crl) No.535 of 2024

                                      2



                            JUDGMENT

Raja Vijayaraghavan, J.

The petitioner is the mother of the detenu who is aged about

22 years. She has approached this Court with this writ petition

seeking issuance of a writ of Habeas corpus by alleging that her adult

daughter is illegally detained against her wish by the 1st respondent,

who is the son of the 2nd respondent.

2. The parties were directed to appear before this Court.

We have interacted with the petitioner, alleged detenu as well as the

1st respondent. The detenu stated before us that she has been in

love with the 1st respondent for the past five years and they are

planning to get married. She stated that she is not under illegal

detention.

3. We have considered the submissions advanced.

4. In a petition for issuance of writ of Habeas Corpus, we

are primarily concerned with the question whether the alleged

detenu is detained against her wish, will, or desire by anyone. In the

case on hand, the alleged detenu, who is an adult lady, has appeared

before us and has stated in unmistakable terms that she is not under

illegal detention. In that view of the matter, nothing further survives

in this petition.

This Writ Petition (Crl) is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

Sd/-

P.M.MANOJ JUDGE IAP

APPENDIX OF WP(CRL.) 535/2024

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE CERTIFICATE DATED 27-12-2017 ISSUED FROM NATIONAL INSTITUTE OF OPEN SCHOOLING

Exhibit P2 THE TRUE COPY OF THE COMPLAINT DATED 15-05-2024 SUBMITTED BY THE PETITIONER TO 4TH RESPONDENT .