IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(Crl.).No. 252 of 2009(S) --------------------------- PETITIONER: --------------- SANTHOSH KUMAR M.R., S/O.LATE RAGHAVAN NAIR, AGED 35 YEARS, RESIDING AT MENAMPURATHU KIZHAKKETHIL, TUVVUR (POST), PALLIPARAMBU, MALAPPURAM DIST. BY ADV. SRI.SANTHEEP ANKARATH SRI.G.SIJI RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, MALAPPURAM. 2. CIRCLE INSPECTOR OF POLICE, POLICE STATION, MALAPPURAM. 3. CIRCLE INSPECTOR OF POLICE, POLICE STATION, PANDIKKAD, MALAPPURAM DIST. 4. S.H.O., MALAPPURAM POLICE STATION, MALAPPURAM. 5. SMITHA A.NAIR, D/O.ARJUNANKUTTY NAIR, CHERUVELIL HOUSE, KAILASANADU P.O. MAYILADUMPARA, UDUMBAN CHOLA, IDUKKI DIST. 6. PRADEEPAN, S/O.PADMANABHAN NAIR, RESIDING AT 'RAJASOOYAM', KANDAMANGALATHIL HOUSE, TUVVUR P.O. MALAPPURAM DISTRICT. BY GOVT.PLADER SHRI MOHAMMED NAZAR FOR R1 TO R4 ADV. SRI.BABU S. NAIR FOR R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------- W.P.(Crl.)No.252 OF 2009 ------------------------------------------------ DATED THIS THE 13th DAY OF JULY, 2009 J U D G M E N T Basant, J. This petition for issue a writ of habeas corpus is filed by the petitioner, the father of a minor child aged about six years. There is dispute between the father and the mother about the custody of the child. The Family Court allowed the application for custody filed by the respondent-mother in part. It was directed that the child shall continue in the custody of the father, the petitioner herein and the respondent-mother shall be entitled to custody of the child during Onam, Christmas and summer vacation. In terms of the said order, child was handed over to the custody of the mother on 30.4.2009. The child was to be returned to the father, the petitioner herein on 1.6.2009. The child was not so returned by the mother. As a consequence, it is submitted that the child's name was removed from the rolls W.P.(Crl.)No.252/09 -2- of the School, where he was to attend in Class I. The father, the petitioner herein, complained to the Family Court about the failure of the mother to return the child in terms of the order. The Family Court initiated action, but no productive results could be achieved. It is in that state of helplessness that the petitioner-father came to this Court with this application for issue of a writ of habeas corpus. 2. Taking into consideration the peculiar facts scenario, this Writ Petition was admitted and notice was ordered to the respondent on 3.7.2009. A long last, the child has been produced before Court today. 3. Needless to say notwithstanding the fact that the dispute is one between the mother and the father and that too a dispute regarding compliance with the order of the Family Court, we were persuaded to issue notice in the peculiar facts and circumstances of this case, in our anxiety to ensure the interest of the child. The father had complained that the child was illegally taken away to some W.P.(Crl.)No.252/09 -3- other place to keep the child away from him and beyond the jurisdiction of the Family Court. 4. We feel that it is unnecessary for us to delve into the matter deeper. The child is returned to the custody of the petitioner-father. We do not intend to express any further opinion in the matter. We may cautiously state that it is for the petitioner-father, if he thinks necessary, to make appropriate complaint before the Family Court and the Family Court to take note of such issue/grievance of the petitioner-father and take further action if any necessary. 5. The learned counsel for the petitioner submits that the child's name has been removed from the rolls of the Government L.P.School, Thuvvur, Malappuram District, because of his inability to attend the school consequent to the conduct of the respondent in disobeying the orders of the Family Court. We need only mention that the petitioner can make appropriate application before the school authorities and the school authorities taking note of the W.P.(Crl.)No.252/09 -4- sequence of events must take a compassionate view in accordance with law to ensure that the interests of the minor child are not put in jeopardy. This Writ Petition is accordingly allowed. The child, who is produced in Court, is permitted to accompany the petitioner-father herein. 6. The counsel for the petitioner presses for costs. But, in the peculiar circumstances of the case, we make no order as to costs. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn