IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(Crl.).No. 548 of 2009(S) ------------------------------------- PETITIONER(S): ---------------------- SHAJI, AGED 40 YEARS, S/O.C.J.DANIAL, CHIRAIKAL HOUSE, KANAKARI P.O., KOTTAYAM. BY ADV. SRI.SANTHAN V.NAIR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT TRIVANDRUM. 2. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, CIVIL STATION, KOTTAYAM. 3. THE CIRCLE INSPECTOR OF POLICE, ETTUMANOOR POLICE STATION, KOTTAYAM. 4. THE STATION HOUSE OFFICER, KURAVILANGADU POLICE STATION, KOTTAYAM DISTRICT. 5. SHYJU, C/O.A.J.JOSEPH, PARAYKAL HOUSE, VELLOOR P.O., PAMPADI, KOTTAYAM DISTRICT. 6. SIBI, C/O.A.J.JOSEPH, PARAYKAL HOUSE, VELLOOR P.O., PAMPADI, KOTTAYAM DISTRICT. 7. JOE, C/O.A.J.JOSEPH, PARAYKAL HOUSE, VELLOOR P.O., PAMPADI, KOTTAYAM DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & P.Q.BARKATH ALI, JJ. ------------------------------------------------------ WP.(Crl.) No.548 of 2009-S ---------------------------------------------- Dated, this the 5th day of January, 2010 J U D G M E N T K.M.Joseph, J. This writ petition is filed seeking a writ of Habeas Corpus directing the respondents to produce the body of the petitioner's wife and children. 2. The alleged detenues were produced before us. They are the wife and children of the petitioner. We interacted with them. It is submitted by the wife of the petitioner that she and her children are not under the illegal custody of respondents 5 to 7. According to her, she has filed an application for dissolution of the marriage in the Family Court, Ettumanoor. In such circumstances, we do not think that we need permit the petitioner to pursue with this petition. The writ petition is accordingly dismissed. But, we make it clear that this will be without prejudice to the right available to the petitioner in law including the right to seek custody of the children before appropriate forum. (K.M.JOSEPH) JUDGE. (P.Q.BARKATH ALI) JUDGE. MS