IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 WP(Crl.).No. 147 of 2009(S) --------------------------- PETITIONER(S): --------------- MNU BALAKRISHNAN, AGED 31 YEARS, S/O.K.K. BALAKRISHNA PILLAI, KOCHU VEETTIL, PERISSERY.P.O, CHENGANNUR - 689 121. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT, ALAPPUZHA. 2. CIRCLE INSPECTOR OF POLICE, CHENGANNUR. 3. SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, CHENGANNUR. 4. RAMACHANDRAN PILLAI.K.R, KIZHAKKEKKUTTU VEETTIL, PERISSERI MURIYIL, CHENGANNUR VILLAGE, CHENGANNUR. 5. DEEPA CHANDRAN, PADINJAREKAILATH, PRAVINKUDE.P.O, CHENGANNUR, ALAPPUZHA DISTRICT. R1 to R3 BY GOVERNMENT PLEADER SRI T.T.MAHAMOOD R4 & 5 BY ADV. SRI R. HARIKRISHNAN. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN & ANTONY DOMINIC, JJ. --------------------------------------------- W.P.(Criminal) No.147 of 2009 --------------------------------------------- Dated: APRIL 15, 2009 JUDGMENT Siri Jagan, J. The petitioner is the husband of one Deepthi, daughter of the 4th respondent. The marital relationship between the two are strained. The wife with the son is residing with respondents 4 and 5. The petitioner alleges that the wife and the child are in the illegal custody of respondents 4 and 5. 2. The wife and the child are present today. We have enquired with the wife as to whether she is in the illegal custody of respondents 4 and 5. She submits that because of the ill-treatment meted out to her and her child by the petitioner and his parents, she had no other go but to come off and reside with respondents 4 and 5. She categorically states that she is not in the illegal custody of anybody. 3. In the above circumstances if the petitioner wants custody of the child, his remedy is to approach the family court for appropriate reliefs. Accordingly the writ petition is closed. S. SIRI JAGAN, JUDGE ANTONY DOMINIC, JUDGE mt/-