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 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(Crl.).No. 7 of 2011(S) ------------------------- PETITIONERS: --------------- MAHESWARAN K. @ MAHESH, ROOM NO.104, MENON COMPLEX, WATER LAND ROAD, CHILAVANOOR, COCHIN. BY ADV. SRI.C.S.MANILAL SRI.K.VIDYASAGAR SRI.S.NIDHEESH RESPONDENTS: --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, THRISSUR-680001. 2. THE S.I. OF POLICE, CHALAKKUDY, THRISSUR-680307. 3. THE SUB INSPECTOR OF POLICE, KORATTY POLICE STATION, THRISSUR-680308. 4. M.V.MANI, MANJANATH HOUSE, KOTTAMURY(THEKKEMURI), MURINGOOR P.O., CHALAKUDY, THRISSUR-680316. GOVERNMENT PLEADER, SRI P K BABU FOR R1-3 ADV. SMT.ASHA CHERIAN FOR R4 SMT.ASHA CHERIAN FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. Crl. No.7 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February 2011 JUDGMENT Joseph J., The petitioner has approached this Court seeking the following prayers: “(i) Issue a writ in the nature of habeas corpus calling and commanding the 4th respondent to produce before this Court the body of the minor girl aged 13 years by name Raji Mahesh before this Hon'ble Court. (ii) Issue a appropriate direction directing the respondent numbers 1 -3 to produce the girl aged 13 years by name Raji Mahesh before this Hon'ble Court and to pass appropriate order or direction as respect the care and education of the girl in the interest of the justice.” 2. Briefly put the case of the petitioner is as follows. The petitioner is the father of the minor girl child aged 13 years. She is W.P. Crl. No.7 of 2011 :2: with the fourth respondent, her mother. The fourth respondent is having mental disorders. The child is not properly looked after and not being properly fed. The child had not been sent to school for the last eight months. The child is virtually under house arrest, jeopardizing her future and well being. 3. A counter affidavit is being filed on behalf of the fourth respondent. In the affidavit it is stated that the fourth respondent is also anxious and interested in the education and welfare of the child side by side with giving the motherly love, caring and protection. The education had to be discontinued this academic year only because of her illness and financial difficulties. Now it is over and she is in a position to send the child for education from the next academic year onwards. 4. A reply affidavit is also being filed by the petitioner. 5. We heard the learned counsel for the parties. 6. What is sought in this petition is really a writ of habeas corpus. We cannot hold that there is illegal detention as such. We also notice that as far as the education of the child is concerned, the fourth respondent would reiterate that the fourth respondent will put W.P. Crl. No.7 of 2011 :3: the child to school from next academic year and the education will be continued. 7. Learned counsel for the petitioner would reiterate that the petitioner is prepared to spend money. The petitioner submits that the girl may be put in a boarding school. Learned counsel for the respondent pointed out that in view of the controversy arising out of the alleged payment of money, the petitioner may send the money, which he intends to send, by way of money order. 8. We record the submissions of the learned counsel for the petitioner that he is prepared to send money and of the fourth respondent that she will put the minor child in a School from the next academic year, either in Chalakudy or at Ernakulam and the education of the child will be continued and close the Writ Petition. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, dl/ (JUDGE)