IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(Crl.).No. 246 of 2008(S) PETITIONER: CT.ANITHA, CHERIYATHADATHIL KUTTIKKATTUR PAINGOTTUPURAM DESOM,KUNNAMANGALAM PANCHAYATH, KOZHIKODE TALUK AND DISTRICT NOW RESIDING AT RAJESH BHAVAN, KUDAKKAD PO. MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.M.R.RAJESH SMT.A.K.PREETHA RESPONDENTS: 1. COMMISSIONER OF POLICE, KOZHIKODE CITY 2. THE SUB INSPECTOR OF POLICE, MEENCHANDA POLICE STATION, KOZHIKODE 3. P.P.RAMESAN, CHERIYATHADATHIL, KUTTIKKATTUR, PAINGOTTUPURAM DESOM, KUNNAMANGALAM PANCHAYATH, KOZHIKODE TALUK AND DISTRICT, NOW RESIDING AT ARYA NIVAS, PERUMANPURAM,PERUMANA PO., KOZHIKODE DISTRICT. PIN673026. 4. C.T.DASAN, CHERIYATHADATHIL KUTTIKKATTUR, PAINGOTTUPURAM, DESOM, KUNNAMANGALAM PANCHAYAT, KOZHIKODE TALUK AND DISTRICIT, NOW RESIDING AT ARYA NIVAS, PERUMANPURAM, PERUMANNA P.O., KOZHIKODE DISTRICT. PIN: 673 026. 5. C.T.RAJESH, S/O.C.T.DASAN, CHERIYATHADATHIL, KUTTIKKATTUR, PAINGOTTUPURAM DESOM, KUNNAMANGALAM PANCHAYATH, KOZHIKODE TALUK AND DISTRICT WP(CRL) 246/2008 2 6. C.T.SHIBU, S/O. C.T. DASAN, CHERIYATHADATHIL, KUTTIKKATTUR, PAINGOTTUPURAM DESOM, KUNNAMANGALAM PANCHAYATH, KOZHIKODE TALUK AND DISTRICT. GOVT. PLEADER SMT. M.K. PUSHPALATHA. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C.R) NO. 246 OF 2008 = = = = = = = = = = = = = = = DATED THIS, THE 22ND DAY OF JULY, 2008. J U D G M E N T Raman, J. Petitioner, mother of the alleged detenue Arya, alleges that her daughter is kept under illegal custody by her husband and her own parents. Pursuant to the notice, the parties appeared. We have interacted with the alleged detenue Arya, who is only 12 years old and studying in a school. She is now staying with her father who is also looking after the parents of the petitioner. It appears that the marital relationship of the petitioner with the third respondent is strained and now she is staying away. We find that the girl is not under the illegal custody of anybody, much less her father, with whom also we have interacted. However, we allowed the petitioner to talk with the alleged detenue for some time. In the facts and circumstances of the case, we find that the custody of the minor girl with the father is not illegal and hence we close this writ petition. However, we leave open the right of the petitioner to approach the Family court for custody of the child, if she is otherwise entitled to. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-