IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(Crl.).No. 70 of 2011(S) -------------------------- PETITIONER: --------------- THANKAMMA GEORGE, AGED 74 YEARS, S/O.LATE GEORGE, MULAMOOTTIL CHARUVILAYIL HOUSE, KAIPATTOOR MURI, VALLICODE VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA - 689 645 2. THE C.I OF POLICE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT - 689 641 3. THE S.I OF POLICE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT - 689641 4. LINCY PAPPACHAN, D/O.PONNAMMA ABRAHAM, PUTHETHU THUNDIYIL HOUSE, PEZHUMPARA.P.O., PIN-689 662, VADASSERIKARA VILLAGE, RANNY TALUK, PATHANAMTHITTA. 5. PONNAMMA ABRAHAM, W/O.ABRAHAM, PUTHETHU THUNDIYIL HOUSE, PEZHUMPARA.P.O., PIN-689 662, VADASSERIKARA VILLAGE, RANNY TALUK, PATHANAMTHITTA. GOVERNMENT PLEADER, SHRI C M KAMAPPU FOR R1-3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl).No. 70 of 2011 S - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2011 JUDGMENT Joseph, J. The petitioner has approached this Court seeking the following relief: “Issue a writ of Habeas Corpus or other appropriate writ order or direction commanding respondents 1 to 3 to produce petitioner's grand daughter “Elizabeth Sam @ Dona” before this Hon'ble Court and set her free.” 2. Briefly put the case of the petitioner is as follows. The petitioner and respondents 4 and 5 are Christians. Out of the marriage between the petitioner's late son and the 4th respondent a girl child was born on 17.9.1999. Petitioner's son expired on 25.6.2004. The marriage was dissolved. Inter alia, it is further stated that the 4th respondent has recently re-married another W.P.(Crl).No. 70 of 2011 2 person and after her marriage the child has become a burden for her and her new husband. As part of this, the 4th respondent has detained the child somewhere with the help of her new husband and the 5th respondent. It appears that the child has been handed over to an Orphanage. The petitioner submits that her grand daughter has been detained by respondents 4 and 5 against her will. 3. We heard learned counsel for the petitioner Shri. Philip Mathew, who re-iterates his contentions. We do not think that the petitioner has made out a case for issuance of a writ of habeas corpus. According to us, the petitioner has to be relegated to pursue her remedy open to her under law. 4. Without prejudice to the right of the petitioner to approach the competent forum, this Writ Petition is dismissed. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm