IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(Crl.).No. 549 of 2009(S) --------------------------- PETITIONER(S): --------------- JASHIM, S/O. KHALID, AGED 30 YEARS, MAMMASRAYILLATH HOUSE, ELAVALLY VILLAGE, VENKIDANGU DESOM, CHAVAKKAD TALUK, THIRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, THRISSUR DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, CHAVAKKAD. 3. SUB INSPECTOR OF POLICE, PAVARATTY POLICE STATION, THRISSUR DISTRICT. 4. THANOOJA, D/O. SHARAFUDEEN, KONGANAM VEETTIL HOUSE, BRAHMMAKULAM VILLAGE, POVATHUR DESOM, CHAVAKKAD TALUK. BY G.P. SMT. SMITHA SUKUMAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No.549 of 2009-S ------------------------------------------------- Dated this the 17th day of December, 2009 JUDGMENT Basant,J. The petitioner and the 4th respondent are spouses. They have a child aged less than 2 years. There is acrimony between the spouses and they are already before the Family Court with G.O.P.No.889/09. The dispute therein is about the custody of the child. It is submitted that there is another O.P. also pending before the Family Court as O.P.No.672/09 filed by the wife claiming return of the amounts etc. During the pendency of these petitions, it is complained that the wife had gone to her father employed abroad taking the child with her. The petitioner has come to this Court with this writ petition for issue of a writ of habeas corpus to search for, trace and produce his child who has been illegally taken away illegally and confined at such place of the father-in-law abroad. W.P.(Cri) No.549 of 2009 -: 2 :- 2. It is admitted that the proceedings for custody of the child has already been initiated before the Family Court. The child aged below 2 years is in the custody of the mother. It is definitely for the Family Court to pass appropriate orders in the matter. We find no reason whatsoever to invoke our extraordinary jurisdiction under Art.226 of the Constitution to issue a writ of habeas corpus. It is also admitted now before us that the 4th respondent - wife is already back in India along with the child. The petitioner must move the Family Court if he so advised seeking expeditious orders regarding interim custody of the child. We have no reason to assume that the Family Court shall not consider such application and pass appropriate orders. 3. In the result, this writ petition is dismissed with the above observations. 4. Hand over a copy of this judgment to the learned counsel for the petitioner. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge W.P.(Cri) No.549 of 2009 -: 3 :-