IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(Crl.).No. 359 of 2008(S) --------------------------- PETITIONER(S): --------------- ANIL KUMAR, S/O. RAJENDRAN, RAJENDRA VILASAM, NEENDAKARA, KARUNAGAPPILLI, KOLLAM. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 2. SUB INSPECTOR OF POLICE, OCHIRA POLICE STATION, KOLLAM. 3. ARUMUGHAN, KAMAL HOUSE, PAYYIKKUZHI, OACHIRA VILLAGE, KARUNAGAPPILLI, KOLLAM. 4. SMT. KAVITA, W/O. ANIL KUMAR, KAMAL HOUSE, PAYYIKKUZHI, OACHIRA VILLAGE, KARUNAGAPPILLI, KOLLAM. ADV. SRI.V.V.RAJA SRI.R.RANJITH GOVT.PLEADER SRI.NOBLE MATHEW. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.CRL.359/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY O THE MARRIAGE CERTIFICATE DT. 23.1.2000. EXT.P2 : TRUE COPY OF THE TWO PHOTOGRAPHS OF PETITITIONER'S FAMILY IN JOYOUS OCCASIONS. KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- W.P.(Crl.) No.359 of 2008 ---------------------------------------------- Dated 23rd October, 2008. J U D G M E N T Kurian Joseph, J. The prayer is for a writ of habeas corpus for producing the 4th respondent from the alleged illegal custody of the third respondent. The 4th respondent is the wife of the petitioner and the daughter of the third respondent. Pursuant to the notice issued by this court, the third respondent, his wife, the 4th respondent, the two children born in the 4th respondent to the petitioner and the petitioner are present. We find that the parties are already before the Family Court, Kollam in various litigations, one for divorce, one for maintenance, one for custody of children and one for restitution of conjugal rights. The 4th respondent submits that she is not in the illegal custody of her parents, and that she is with them on her own free will. It is also submitted that owing to the matrimonial acrimony, she is not in a position to live with the petitioner. It is further submitted that since the matters are pending before the Family Court, this court may not go into the various allegations raised by the parties. We find force in the submissions. It is fairly clear that there is a WP(Crl) NO.359/08 2 matrimonial dispute between the petitioner and the 4th respondent and that dispute is now subject matter of various litigations pending before the Family Court, Kollam. Now that we are convinced that the 4th respondent is not illegally detained by the third respondent or his wife (mother of the 4th respondent) or anybody else, we dismiss the writ petition without prejudice to the liberty to the parties to pursue the pending litigations before the Family Court, Kollam. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- W.P.(Crl.) No.359 of 2008 ---------------------------------------------- J U D G M E N T Dated 23rd October, 2008.