IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 WP(Crl.).No. 295 of 2007(S) --------------------------- PETITIONER: ------------ BIJU, AGED 32 YEARS, S/O.GOPI, EDATHILKANDI HOUSE, ARAPEEDIKA, KOKKALLUR, BALUSSERI AMSOM, ERAMANGALAM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT. (BALUSSERI POLICE STATION LIMITS-KOZHIKODE). BY ADV. SRI.MANJERI SUNDERRAJ SRI.MANJERI SUBIN SUNDER RAJ RESPONDENTS: ------------- 1. THE SECRETARY TO GOVERNMENT, HOME MINISTRY, GOVERNMENT OF KERALA, TRIVANDRUM, REP. BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 2. DIRECTOR GENERAL OF POLICE, KERALA POLICE, POLICE HEAD QUARTERS, TRIVANDRUM. 3. SUPERINTENDENT OF POLICE, RURAL SP'S OFFICE, VATAKARA, KOZHIKODE. 4. STATION HOUSE OFFICER, BALUSSERI POLICE STATION, BALUSSERI, KOZHIKODE. 5. SHABNA, AGED 26 YEARS, W/O.BIJU (HOUSEWIFE), D/O.GANGADHARAN, "VANDANA", KATTAMPALLI, BALUSSERI, KOZHIKODE DISTRICT. 6. RASHEED, AGED 32 YEARS, FATHER'S NAME NOT KNOWN, KOKKALLUR, KOKKALLUR AMSOM, ERAMANGALAM DESOM, BALUSSERI, KOYILANDY TALUK, KOZHIKODE DISTRICT. R1 TO R4 BY GOVT.PLEADER SRI C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).NO.295/2007. APPENDIX PETITIONER'S EXTS: EXT.P1 PRINTOUT OF COLOUR PHOTO OF MISSING WOMAN SHABNA AND NEWSPAPER CUTTING FROM DESHABHIMANI DATED ' 4/12/2007. EXT.P2 TRUE COPY OF THE FIR NO.449/2007 DTD.3/12/07 OF BALUSSERI POLICE STATION, KOZHIKODE. P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- W.P.(Crl)NO.295 OF 2007 -------------------------------- Dated this the 10th day of January, 2008 JUDGMENT Raman, J. This writ petition is filed by one Biju alleging that his wife Shabna, aged 26 years, who is arrayed as 5th respondent herein, is under the illegal custody of 6th respondent. It is further averred that he married the 5th respondent and in that wedlock two children were born. The elder child is aged 6 years and the younger child is aged 1 1/2 years. We issued directions to the 6th respondent to produce Shabna, the alleged detenue along with the child before this Court. But the 6th respondent did not appear and hence we have directed the 4th respondent Police Officer to search and find out the alleged detenue and to produce her before this Court. The 4th respondent was also directed to file a detailed report regarding the investigation conducted. In the meantime, the 4th respondent searched and found out the whereabouts of the 5th respondent and the child and sought permission to produce the alleged detenue before this Court. Though the case is not included in the list today, in view of the request made and since the alleged detenue was present, we called for the case after giving notice to the counsel appearing for the petitioner. We heard the learned -2- WP(Crl).No.295/2007 counsel appearing for the petitioner also. We interacted with the 5th respondent, alleged detenu. Admittedly, she is a major. She stated that she is not in goods terms with the petitioner, she has also moved a petition for divorce before the Family Court, Kozhikode and the case is posted tomorrow. She also stated that she is not under the illegal custody of the 6th respondent as alleged in the writ petition. In the circumstances, we do not find that the 5th respondent is under the illegal custody of the 6th respondent. 2. As regards the claim for custody of the younger child, who is 1 1/2 years old, the mother says that the child is a breast feeding child. In the above circumstances and taking into consideration that the matter is already pending before the Family Court, Kozhikode, we decline to pass any order regarding interim custody of the child, leaving open the right of the petitioner to move for appropriate relief. Further we direct respondents 5 and 6 not to take away the child from the jurisdiction of the Family Court, Kozhikode until further orders are passed by that court in this regard. Writ Petition is closed. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.