IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH APRIL 2010 / 30TH CHAITHRA 1932 WP(Crl.).No. 144 of 2010(S) ---------------------------------------- PETITIONER(S): ------------------------- SASIKALA,W/O.LATE SURESH CHANDRA BABU B., K.V.HOUSE, KONCHIRA, VEMBAYAM VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT, (FROM T.C.36/1536, LATHIKA, SREEVARAHAM, MANACADU P.O., THIRUVANANTHAPURAM). BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): --------------------------- 1. THE SUPERINTENDENT OF POLICE (RURAL) KURAVANKONAM, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT. 3. MADHAVIAMMA, D/O.LAKSHMIAMMA, 84 YEARS, KINATTUVILAKATHU VEEDU, THYCADU P.O., MANICKAL VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT. 4. SISHU KSHEMA BHAVAN, PARATHODU P.O., KANJIRAPALLY, KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGING TRUSTEE. R1 & R2 BY GOVERNMENT PLEADER SRI. K.SANDESH RAJA THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.SIRI JAGAN & P.N. RAVINDRAN, JJ. ........................................... W.P.(Crl.)NO.144 OF 2010 ............................................. Dated this the 20th day of April, 2010. J U D G M E N T Ravindran, J: The petitioner, who is the second wife of late Suresh Chandra Babu, has filed this writ petition seeking production of Kum. Babula Chandra, the adopted daughter of late Suresh Chandra Babu and his first wife, Smt. Lathika Devi. On a reading of the writ petition, it is evident that what the petitioner seeks is custody of the minor child. In our opinion the remedy of the petitioner, if she is interested in securing custody of the minor child, is to move the Family Court under the Guardians and Wards Act and not to move this Court by filing a writ petition seeking a writ of Habeas Corpus. The relief prayed for in this writ petition cannot therefore, be granted. The writ petition fails and it is accordingly dismissed without prejudice to the right of the petitioner to move the Family Court seeking appropriate reliefs. S.SIRI JAGAN, JUDGE. P.N. RAVINDRAN, JUDGE. cl