IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(Crl.).No. 170 of 2008(S) --------------------------- PETITIONER: ------------ NINAN THOMAS @ SANTHOSH, S/O.V.T.THOMAS, AGED 38 YEARS, VANJIPATHARA HOUSE, KADAPARA P.O., WORKING AS BIO MEDICAL ENGINEER, BIO MEDICAL DEPT. AT ADVANCED TECHNOLOGY COMPANY K.S.C.,P.O.BOX 44558, 23060 HAWALLY, KUWAIT. BY ADV. SMT.SALLY THOMAS CHACKO SRI.P.T.THOMAS PERAKATH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY (HOME AFFAIRS), THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT. 3. SUB INSPECTOR OF POLICE, KOIPURAM, PATHANAMTHITTA. 4. ROSHINI ELIZHABETH THOMAS, AGED 36 YEARS, D/O. THOMAS P. THOMAS, PAZHAVANA HONEY BELL, MUNDANKAVU, P.O. CHENGANNOOR, NOW WORKING AT TEACHER IN MADRASSA JALEEB AL SHOUK, AL-MATH VASTA BINAYATH STREET 200, BLOCK-2,KUWAIT. 5. THOMAS P.THOMAS, PAZHAVANA HONEY BELL, MUNDANKAVU P.O.,CHENGANNOOR. 6. DR. NINAN KOSHY @ JIKKU, DENTIST, CHALAKKATTIL, NIRANAM, THIRUVALLA. 7. DR. RUBY THOMAS, W/O. JIKKU NINAN KOSHY, DENTIST, CHALAKKATTIL, NIRANAM, THIRUVALLA. R1 TO R3 BY G.P. SMT. M.K. PUSHPALATHA BY ADV. SRI.SANTHAN V.NAIR FOR R5,6,7 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF THE PARTICULARS ISSUED BY THE IRRIGRATION DEPARTMENT OF THE MINISTRY OF INTERIOR RESIDENCY DIVISION, KUWAIT WITH EXTRACT IN ARABIC LANGUAGE EXT.P2-TRUE COPY OF THE LAWYER NOTICE DATED 3.8.05 EXT.P3-TRUE TRANSLATION OF JUDGMENT DATED 9./7/2007 OF THE COURT OF KUWAIT WITH THE COPY IN ARABIC LANGUAGE EXT.P4-TRANSLATION OF THE DETAILS REGARDING THE ENTRY AND EXIT MOVEMENTS ISSUED BY THE IMMIGRATION DEPARTMENT DATED 13.5.2008 EXT.P5-TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE R2 EXT.P6-TRUE COPY OF COMPLAINT SUBMITTED BEFORE R3 EXT.P7-TRUE COPY OF RECEIPT OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT DATED 17.5.2008 // TRUE COPY // P.S. TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No. 170 of 2008-S - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2008. JUDGMENT Raman, J. On going through the averments made in the writ petition and the reliefs sought for, we find that it is for custody of the child that the writ petition is filed. Further, the 4th respondent is the wife of the petitioner whose address is shown as working abroad. Hence, even assuming that in exceptional circumstances Article 226 of the Constitution of India could be invoked in the matter of custody of children, no such exception can be made in the present case, since without serving notice on the 4th respondent, no orders could be passed in this writ petition. Therefore, it is not expedient to exercise the extra-ordinary remedy either. Hence, we decline to exercise the discretionary remedy under Article 226 of the Constitution of India, however, we leave open the right of the petitioner to move the appropriate forum for the reliefs sought for. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/