IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(Crl.).No. 258 OF 2008(S) --------------------------- PETITIONER: ------------ MATHEW THOMAS, S/O.V.T.MATHEW, AGED 41 YEARS, VADAKKEKARA HOUSE, KOZHAMBA DESOM PEECHI VILLAGE, THRISSUR (WORKING AT POST BOX NO.30429, COMMERCIAL BANK INTL., DUBAI, 050-5643017). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: ------------- 1. SECRETARY TO GOVT. OF INDIA, MINISTRY OF OVERSEAS INDIAN AFFIARS, AKBAR BHAVAN, NEW DELHI - 21. 2. THE COUNSEL GENERAL OF INDIA, INDIAN CONSULATE, DUBAI, UAE. 3. THE HIGH COMMISSIONER OF INDIA, OFFICE OF INDIAN HIGH COMMISSIONER, LONDON, U.K. 4. SUPERINTENDENT OF POLICE, THRISSUR-03. 5. DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKUDA, THRISSUR. 6. SHEEJA @ SHEEJA VARGHESE INCHODY, D/O.VARGHESE, INCHODY HOUSE, CHRIST COLLEGE ROAD, IRINJALAKUDA, THRISSUR, KERALA. (HOLDER OF INDIAN PASSPORT NO.E3963329) WP(CRL) 258/2008 2 7. VARGHESE, S/O.JOSEPH, INCHODY HOUSE, CHRIST COLLEGE ROAD, IRINJALAKUDA, TRISSUR, KERALA. 8. TRESA VARGHESE, W/O.VARGHESE, INCHODY HOUSE, CHRIST COLLEGE ROAD, IRINJALAKUDA, THRISSUR, KERALA. 9. SUB INSPECTOR, PEECHI POLICE STATION, PEECHI, THRISSUR. 10. REGIONAL PASSPORT OFFICER, ERNAKULAM. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1-3 GOVT. PLEADER SMT. M.K. PUSHPALATHA. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(CRL) NO. 258/2008 = = = = = = = = = = = = = = = DATED THIS, THE 22ND DAY OF JULY, 2008. J U D G M E N T Raman, J. This writ petition is filed for issuance of a writ of habeas corpus directing Respondents 1 to 4, 9 and 10 to search and produce petitioner's minor son Joel Thomas before this Court. Admittedly, petitioner's marriage with the 6th respondent got strained. The custody of his minor son Joel Thomas is pending consideration before the Family Court, Thrissur. The Family Court gave interim custody of the child to the petitioner which was challenged by the 6th respondent mother before this Court by filing W.P. (C) 16440/2005 and as per judgment dated 23.6.2005, the order of the Family court giving interim custody of the child to the petitioner was set aside and the custody of the child was given to the mother. It is stated that pursuant to Ext.P2 judgment, the main matter was closed thereby giving permanent custody of the child to the 6th respondent mother. If so, custody of the child with the mother cannot be said to be in any way, illegal. So long as Ext.P2 stands, no relief as sought for in the writ petition can be WP(CRL) 258/2008 :2: granted. If the petitioner is aggrieved by any order of the Family Court or this Court, he can work out his remedies in accordance with law. Leaving open such right of the petitioner, this writ petition is closed. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-