IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(CRL.).NO. 24 OF 2009(S) ------------------------------------- PETITIONER(S): -------------------- M.R. GIRISH KUMAR, MANNOOSSERIL HOUSE, ANAVILASAM P.O. 685 535, KUMILY, IDUKKI DIST. BY ADV. SRI.C.HARIKUMAR SRI.ARAVINDA KUMAR BABU T.K. SMT.MADHURI ANAND RESPONDENT(S): ----------------------- 1. S.I. OF POLICE, KUMILI POLICE STATION, KUMILY, IDUKKI DIST. 2. SUKUMARAN T.M., THAKARAPARAMBIL SPRING VALLEY P.O., IDUKKI DIST. 3. T.S. SANTHOSH, S/O. SUKUMARAN, THAKARAPARAMBIL, SPRING VALLEY P.O., IDUKKI DIST. 4. CHANDRIKA W/O. SUKUMARAN, THAKARAPARAMBIL, SPRING VALLEY P.O., IDUKKI DIST. BY PUBLIC PROSECUTOR SHRI S.U. NAZAR ADV. SRI.C.K.VIDYASAGAR FOR R2,3,4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO. 24 OF 2008 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY THE SNDP UNION ANAVILASAM DATED 1.6.2005. RESPONDENTS' EXHIBITS: NIL ------------------------------------- A.K. BASHEER & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = WP(CRL.) No.24 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of January, 2009 J U D G M E N T ---------------------- Basheer, J. Petitioner is stated to be the husband of Ms.Ambily, daughter of respondent No.2 and respondent No.4 (wrongly shown as Chandrika instead of Chandramathy) and sister of respondent No.3. Petitioner alleges that his wife and minor daughter are in illegal custody of respondent Nos.2 to 4. Therefore he prays for issue of a writ of habeas corpus. 2. Respondent Nos.2 to 4 with the minor girl are present in Court. Respondent No.4, Mrs.Chandramathy submits that her daughter Ms.Ambily has gone to Malysia to take up an assignment as Nurse in a hospital there. She left the country on January 10, 2009. It is further stated that her daughter Ms.Ambily and the minor girl had been in the care and custody of respondent Nos.2 to 4 for the last 1½ years since the petitioner had been neglecting to maintain his wife and minor daughter. 3. Learned counsel for respondent Nos.2 to 4 submits that the Family Court, Thodupuzha is already in seizin of the dispute between the parties. The Family Court has passed an order in I.A. No.4 of W.P(CRL.) No.24 of 2008 -: 2 :- 2009 in O.P(G&W) No.9 of 2009 restraining the petitioner herein from using force to get custody of the minor child. 4. Having regard to the fact that the Family Court, Thodupuzha is in seizin of the matter, we do not deem it proper or necessary to entertain this Writ Petition. It will be open to the parties to approach the Family Court and seek appropriate orders. In the meanwhile respondent Nos.2 to 4 are allowed to keep custody of the minor child. The Family Court, Thodupuzha shall pass appropriate orders in the matter in accordance with law, untrammelled by any of the observations made in this judgment. Writ Petition is closed with the above observations and directions. A.K. BASHEER, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv