Midhilaj U.K vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 12, 2023

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Citation: sooperkanoon.com/1387465
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman,Honourable Mr.Justice C. Jayachandran
Decided On: Oct 12, 2023
Case Number: WP(Crl.)/884/2023

Parties & Advocates

Appellant / Petitioner

Midhilaj U.K

Respondent

State of Kerala

Excerpt

.....dated 25.09.2023 in wp(crl.) 884/2023.by advs. sri.p.narayanan, senior g.p. and addl.public prosecutor. sri.p.m.shameer-gp this writ petition (criminal) having come up for admission on 12.10.2023, the court on the same day delivered the following: - 3 -judgmentdated, this the 12th october, 2023anu sivaraman, j.heard the learned counsel for the petitioner and the learned government pleader.2. we have perused the records of the dlsa,kozhikode and the panel lawyer interacted with the detenue. we have also perused the report of the clinical psychologist, who had examined the detenue. it is stated in the report of the dlsa that the detenue had interacted with the clinical psychologist and had expressed her willingness to return to her paternal home to reside with herchildren and husband. we have also interacted with the detenue in person through a video call. she stated that she wants to return to her own house and that her husband had agreed to come to her house along with their children. she further stated that after two months, her husband has - 4 - agreed to take her back to his house along withtheir children. on our interaction with the detenue also, she expressed her specific intention to return to her paternal home andstates that at present, she has absolutely no intention to accompany the petitioner.3. in the result, the alleged detenue is permitted to return to her paternal home and to live with her family. accordingly, this w.p.(crl) is disposed of. anu sivaraman, judge c.jayachandran, judge ww

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN & THE HONOURABLE MR.JUSTICE C.JAYACHANDRAN THURSDAY, THE 12TH DAY OF OCTOBER 2023/20TH ASWINA, 1945 WP(CRL.) NO.884 OF 2023 PETITIONER: MIDHILAJ U.K, AGED 31 YEARS, S/O.KAVU, KOLANGARAKKANDY, NUCHIYAD, KANNUR DISTRICT, KERALA, PIN - 670705. BY ADV P.T.SHEEJISH RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO HOME DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001. 2 SUPERINTENDENT OF POLICE (RURAL), MALAPPURAM, MALAPPURAM DISTRICT, PIN - 676122. 3 CIRCLE INSPECTOR OF POLICE, TIRUR, MALAPPURAM DISTRICT, PIN - 676552. 4 THE STATION HOUSE OFFICER, KALPAKANCHERRY POLICE STATION, 5 HABEEBU RAHIMAN, AGED 50 YEARS, S/O.KUNHIMUHAMMED, P.K HOUSE, TANALUR PEVUM KATTIL, TANALUR, TIRUR, MALAPPURAM, KERALA, PIN - 676307. 6 THE STATION HOUSE OFFICER, TIRUR POLICE STATION, *ADDL.R7 DISTRICT LEGAL SERVICES AUTHORITY, REPRESENTED BY ITS SECRETARY, MALAPPURAM, *ADDL.R7 IS SUO MOTU IMPLEADED AS PER ORDER DATED 13.09.2023 IN WP(CRL.) 884/2023. - 2 -
**ADDL.R8 THE STATION HOUSE OFFICER OF THE ULIKKAL POLICE STATION, KANNUR. **ADDL.R9 THE DISTRICT LEGAL SERVICES AUTHORITY, REPRESENTED BY ITS SECRETARY, KOZHIKODE. **ADDL.R8 & R9 ARE SUO MOTU IMPLEADED AS PER

ORDER DATED 25.09.2023 IN WP(CRL.) 884/2023.

BY ADVS. SRI.P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR. SRI.P.M.SHAMEER-GP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 12.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: - 3 -

JUDGMENT

Dated, this the 12th October, 2023

Anu Sivaraman, J.

Heard the learned counsel for the petitioner and the learned Government Pleader.

2. We have perused the records of the DLSA,

Kozhikode and the panel lawyer interacted with the detenue. We have also perused the report of the Clinical Psychologist, who had examined the detenue. It is stated in the report of the DLSA that the detenue had interacted with the Clinical Psychologist and had expressed her willingness to return to her paternal home to reside with her

children and husband. We have also interacted with the detenue in person through a Video Call. She stated that she wants to return to her own house and that her husband had agreed to come to her house along with their children. She further stated that after two months, her husband has - 4 - agreed to take her back to his house along with

their     children.   On    our     interaction    with   the
detenue     also,     she    expressed      her     specific
intention    to   return    to    her   paternal   home   and

states that at present, she has absolutely no intention to accompany the petitioner.

3. In the result, the alleged detenue is permitted to return to her paternal home and to live with her family. Accordingly, this W.P.(Crl) is disposed of. ANU SIVARAMAN, JUDGE C.JAYACHANDRAN, JUDGE ww

Same Court & Year Kerala · 2023 Same Parties Midhilaj U.K vs State of Kerala Same Judge Honourable Mrs. Justice Anu Sivaraman,Honourable Mr.Justice C...