IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(Crl.).No. 55 of 2010(S) ---------------------------------------------- PETITIONER(S): ---------------------- MINIMOLE.R.MATHEW,W/O.ROYSON MATHEW, NEERACKAL HOUSE,KIZHATHADIYOOR KARA,LALAM VILLAGE, MEENACHIL TALUK,KOTTAYAM DISTRICT. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF HOME,GOVERNMENT SECRETARIAT,THRIVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE,KADUTHURUTHY POLICE STATION,KADUTHURUTHY,KOTTAYAM DISTRICT. 3. ROYSON MATHEW,S/O.MATHEW,AGED 41 YEARS, ANITHOTTATHIL HOUSE,MANJOOR.P.O,DO VILLAGE, VAIKOM TALUK AND KOTTAYAM DISTRICT, NOW RESIDING AT SECTOR-13,NOIDA,NEW DELHI. 4. MATHEW,AGED 70 YEARS, ANITHOTTATHIL HOUSE, MANJOOR.P.O,DO VILLAGE,VAIKOM TALUK AND KOTTAYAM. R1 BY GOVERNMENT PLEADER SHRI P.N. SUKUMARAN R3 - PARTY IN PERSON - SHRI ROYSON MATHEW. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO. 55 OF 2010 S PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF O.P.983/08 FILED BEFORE THE FAMILY COURT, KOTTAYAM. EXT.P2TRUE COPY OF I.A.NO.2734/08 IN O.P.983/08. EXT.P3TRUE COPY OF THE OBJECTION TO EXT.P2. EXT.P4TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(CRL). NO. 55 OF 2010 S --------------------------------------------------- Dated this the 5th February, 2010 JUDGMENT K.M. Joseph, J. Petitioner seeks a writ of habeas corpus or any other appropriate writ, order or direction to the respondents to produce the children, viz. Donitz. R. Mathew and Franklin R. Mathew before this Court and set them free from the illegal and unauthorized custody of respondents 3 and 4. 2. Briefly put, the case of the petitioner is as follows: Petitioner married the third respondent. They have two children. There is reference to the problems between the parties. It is stated that a Petition was filed seeking custody of the children before the Family Court, Kottayam. There is also reference to an application for divorce and the ultimate W.P.(CRL).NO.55 OF 2010 S 2 complaint is that respondents 3 and 4 are deliberately keeping the children away from the petitioner and from the process of the Family Court, Kottayam. It is stated that the children are in the parental house of the third respondent at Kuruppumthara and the petitioner is not permitted to enter the house and see the children. Petitioner submitted Ext.P4 complaint. 3. Today, the third respondent appeared in person. The children were also produced before us. We interacted with the petitioner, the third respondent as also the children. The children who appeared before us told us that they are studying in the D' Paul English Medium Higher Secondary School at Muringoor, Chalakkudy. Learned counsel for the petitioner would submit that the petitioner will move the Family Court seeking custody of the children and the third respondent may produce the children before the Family Court as and when required. The third respondent would submit that he is intending to reside at his permanent address at Kuruppumthara. He submits that he will produce the children as per the directions of the Family Court, before it. W.P.(CRL).NO.55 OF 2010 S 3 4. The Writ Petition is disposed of recording the submission of the third respondent and without prejudice to the rights of the parties. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge