IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(Crl.).No. 283 of 2010(S) --------------------------- PETITIONER(S): --------------- REJITH, AGED 31 YEARS, S/O.RAVEENDRAN, KOCHIPARAMBATH, EDAVILANGU P.O., KODUNGALLOOR, NOW RESIDING AT KOCHIPARAMBATH, VENNIKULAM ROAD, CHOTTANIKKARA, ERNAKULAM-682 312. BY ADV. SRI.C.N.SAMEER RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA, ERNAKULAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, PIRAVOM CIRCLE, ERNAKULAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, MULANTHURUTHY, ERNAKULAM DISTRICT. 4. THE DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKUDA, TRICHUR DISTRICT. 5. THE CIRCLE INSPECTOR OF POLICE, KODUNGALLOOR, TRICHUR DISTRICT. 6. THE SUB INSPECTOR OF POLICE, MATHILAKOM, TRICHUR DISTRICT. 7. SEEMA, AGED 35 YEARS, D/O.JOSE, KONOTH, MATHILAKOM P.O., PIN 680 685, KODUNGALLOOR, TRICHUR DISTRICT. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl) No.283 of 2010 ---------------------------------------- Dated this the 14th day of July 2010 J U D G M E N T Basant,J The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his 2 ½ year old male child Nijith. The petitioner's case is that he had a relationship with the 7th respondent. The 7th respondent was married once and divorced. Later, she had a relationship with another person. She terminated that relationship and thereafter she had a relationship with the petitioner. In the relationship between the petitioner and the 7th respondent, a minor male child, Nijith was born. After the birth of the child, the petitioner and the 7th respondent allegedly lived together for six months and thereafter the 7th respondent went away leaving the child with the petitioner. The child was thus in the custody of the petitioner for two years thereafter. The child is now aged 2 ½ years. It is the grievance of the petitioner that the 7th respondent has forcibly taken the child away from the W.P.(Crl) No.283/10 : 2 : petitioner using force and with the support of police officials. The petitioner describes the custody of the 2 ½ year old illegitimate child born in the relationship between the petitioner and the 7th respondent (the mother of the child) to be unjustified and secured by the use of force with the assistance of the police. Such forcible taking away of the child took place on 08/07/2010, complains the petitioner. The petitioner, in these circumstances, has come to this Court with this petition. 2. The dispute basically is one between the father and mother of a 2 ½ year old male child. The child, admittedly, is not born in a legal matrimony. The claimed status of the child is that of an illegitimate child. Even if we accept all the submissions made by the learned counsel for the petitioner and the averments made in the petition, there is no escape from the fact that the dispute essentially and in its core is one between the father and mother for the custody of a 2 ½ year old illegitimate male child. The custody of the 7th respondent/mother of the child can, by no stretch of imagination, be described to be unlawful, illegal or amounting to detention or confinement. We are satisfied that there is absolutely no reason to invoke the W.P.(Crl) No.283/10 : 3 : extraordinary constitutional jurisdiction under Article 226 of the Constitution of India to issue a writ of habeas corpus. 3. We are convinced that this is a fit case where the petitioner must approach the Family Court for custody of the minor child, if he is of the opinion that he has a valid case to secure custody of the child. 4. With the above observations, this writ petition is dismissed. We make it clear that we have not intended to express any opinion as to who of the two - father or mother is entitled to custody of the admittedly illegitimate child. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.(Crl) No.283/10 : 4 : W.P.(Crl) No.283/10 : 5 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009