IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(Crl.).No. 485 of 2011(S) --------------------------- PETITIONER(S): ---------------------- SUNIL RAJ @ SAJI CYRIL, S/O.CYRIL,AGED 38 YEARS, VIJAYABHAVAN,KANJIRACODE, KUNDRA,KOLLAM DISTRICT PIN 691 501 BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA,DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001 2. DISTRICT POLICE CHIEF, KOLLAM PIN 691 001 3. SUB INSPECTOR OF POLICE, KUNDRA POLICE STATION, KOLLAM DISTRICT PIN 691 501 4. MANEESIOUS @ CHIKKU, AGED 26 YEARS, S/O.BERNAD,VANCHIPOYIKAYIL, EDAKKARA,KANJIRAMKODE, KUNDRARA P.O.,KOLLAM DISTRICT PIN 691 501 R1 TO R3 BY SR. GOVERNMENT PLEADER SHRI RAMAPRASAD UNNI T. ADV. SRI.JOSEPH SEBASTIAN (KOLLAM) FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO.485 OF 2011 S PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 18.10.2011 ISSUED BY ST. PAUL'S CHURCH, KOMBIVILA, KOTTIYAM TO THE PETITIONER. EXT.P2 TRUE COPY OF THE CRIME NO.1708 DATED 9.10.2011 OF THE KUNDRA POLICE STATION. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY// PS TO JUDGE K.M. JOSEPH & A. M. SHAFFIQUE, JJ. ----------------------------------------- W.P.(CRL).NO. 485 OF 2011 S ------------------------------------------ Dated this the 21st November, 2011 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking a writ of habeas corpus for production of his wife and their son Sanu aged 1 ½ years. Case of the petitioner, in brief, is that his wife is enticed and is taken by the fourth respondent to go with him along with the minor son. It is alleged that the wife and son are now under the wrongful confinement of the fourth respondent. 2. Today, we interacted with the wife and the petitioner. They would make allegations against each other. They are not prepared to live together. 3. We are of the view that in such circumstances, we can close this Writ Petition without prejudice to the right of the petitioner to seek appropriate remedies before the Family Court, particularly in respect of the custody of the minor child. Counsel for the petitioner submits that the petitioner will approach the Family Court within a period of two weeks. It is open to the petitioner to seek interim order also in relation to the minor child before the Family Court. Pending any orders being passed and WP(CRL).NO.485 OF 2011 S 2 subject to any orders that may be passed, the petitioner will be permitted to see the minor child Sanu by his wife in the office of Advocate Shri G. Vasavan between 4 PM and 5 PM on every alternate Saturday, that is, from 4 PM to 5 PM. This arrangement will continue till orders are passed by the Family Court modifying it. We make it clear that it will be open to the Family Court to pass appropriate orders regarding interim custody and the order we have passed will not stand in the way of the Family Court in passing such orders as it consider fit. The Writ Petition is closed. Sd/= K.M. JOSEPH, JUDGE Sd/= A. M. SHAFFIQUE, JUDGE kbk. // True Copy// PS to Judge WP(CRL).NO.485 OF 2011 S 3