IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(Crl.).No. 99 of 2010(S) ----------------------------------- PETITIONER(S): --------------------- SONI GERRY, AGED 39 YEARS, W/O.GERRY DOUGLAS, ELUVATHINGAL HOUSE, HOUSE NO.IV, MOSQUE LANE, KESAVADASAPURAM, ULLOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK NEW DELHI. 3. THE IST SECRETARY, ADMINISTRATION AND CONSULAR WINS, EMBASSY OF INDIA, KUWAIT CITY, DIPLOMATIC ENCLAVE, ARABIAN GULF STREET, P.O.BOX NO.1450, SAFAT, 13015-SAFAT, KUWAIT, TELEPHONE: 00-965-2530600, 2540612/13. 4. THE NON-RESIDENT KERALATES' AFFAIRS, DEPARTMENT, REP. BY ITS SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 5. GERRY DOUGLAS, AGED 43 YEARS, S/O.K.SAMUEL, KUNNAMPATHIL, MULAMPUZHA P.O., PANDALAM, NOW WORKING AS LOGISTIC OFFICER, WATANIYA TELECOM, P.B.NO.613, SAFAT 13007, KUWAIT. R1 & R4 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. R2 & R3 BY ASST.SG OF INDIA SRI.T.P.M.IBRAHIM KHAN R5 BY ADV.SRI.R.SUDHEESH KUMAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR 99 OF 2010 PETITIONER'S EXHIBITS: EXT.P1.TRUE PHOTOSTAT COPY OF THE COMPLAINT GIVEN BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 8.6.2009. EXT.P2.TRUE PHOTOSTAT COPY OF THE PAPERS IN ARABIC COMMUNICATED TO THE PETITIONER ALONG WITH ITS TRUE ENGLISH TRANSLATION, DATED 2.7.2009 AND 7.7.2009. EXT.P3.TRUE PHOTOSTAT COPY OF THE COMPLAINT GIVEN TO THE WOMEN'S COMMISSION DATED 20.7.2009. EXT.P4.TRUE PHOTOSTAT COPY OF THE OP NO.1117/2009 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM DATED 9.10.2009. EXT.P5.TRUE PHOTOSTAT COPY OF THE COMMUNICATION DATED 1.8.2009 ADDRESSED TO THE PETITIONER BY THE 4TH RESPONDENT. EXT.P6.TRUE PHOTOSTAT COPY OF THE COMMUNICATION SENT BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 18.8.2009. EXT.P7.TRUE PHOTOSTAT COPY OF THE COMMUNICATION OF THE 4TH RESPONDENT ADDRESSED TO THE PETITIONER DATED 15.10.2009. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P. (Crl.) No.99 of 2010-S ---------------------------------------------- Dated, this the 8th day of April, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking a writ of Habeas Corpus for the production of Sonam Gerry and Piyush Gerry, the minor children of the petitioner who are alleged to be in the illegal custody of the 5th respondent. Petitioner is the wife of the 5th respondent who is working in Kuwait. Petitioner filed petition under the Guardian and Wards Act. Though the Family Court ordered notice, the children are not being produced. We issued notice in the matter. The 5th respondent is represented by counsel. Sri.R.Sudheesh Kumar, learned counsel appearing for the 5th respondent submits that the children are going to school and that the children will be produced before the Family Court, Thiruvananthapuram on the next date of posting (Admittedly 8.6.2010). In such circumstances, we dispose of the writ petition recording the submission made by the learned counsel W.P.Crl.) 99/2010 -2- for the 5th respondent and directing that the 5th respondent shall produce the two minor children, namely, Sonam Gerry and Piyush Gerry before the Family Court, Thiruvananthapuram on 8.6.2010. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS