IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(Crl.).No. 320 of 2011(S) -------------------------------------- PETITIONER: ------------------- 1. MRS.PHILOMINA SHIBU, W/O.SHIBU PALOKARAN, AGED 28 YEARS, NOW R/AT. PALOKARAN HOUSE, C.C.15/2149 A, PUSHPAM VILLA, JANATHA ROAD, OPP. BANK QUARTERS, MOOLAMKUZHY, THOPPUMPADY, KOCHI-5. 2. SHAWN SHIBU, W/O.SHIBU PALOKARAN, AGED 7 YEARS, NOW R/AT.PALOKARAN HOUSE, C.C.15/2149 A, PUSHPAM VILLA, JANATHA ROAD, OPP. BANK QUARTERS, MOOLAMKUZHY, THOPPUMPADY, KOCHI-5, (BEING A MINOR IS REPRESENTED BY THE IST PETITIONER BEING THE MOTHER AND THE NATURAL GUARDIAN). BY ADVS. SRI.TOM JOSE, SMT.GEETHA JOB (OZHUKAYIL). RESPONDENTS: ------------------------ 1. THE ASSISTANT POLICE COMMISSIONER, MATTANCHERRY-682 005. 2. THE SUB INSPECTOR OF POLICE, THOPPUMPADY POLICE STATION, KOCHI- 682 005. 3. JOSE PALOKARAN, AGED 63 YEARS, PALOKARAN HOUSE, KUNNAM KUMARATH, UNITY NAGAR, KURIYACHIRA P.O., THRISSUR-680 001. W.P.(CRL). NO.320/2011-S: 4. PUSHPAM JOSE, W/O.JOSE PALOKARAN, AGED 57 YEARS, PALOKARAN HOUSE, KUNNAM KUMARATH, UNITY NAGAR, KURIYACHIRA P.O., THRISSUR-680 001. R1 & R2 BY GOVT. PLEADER SRI. C.M. KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL). NO.320/2011-S: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CIVIL MARRIAGE CERTIFICATE ISSUED FROM CHENNAI. EXT.P.2: COPY OF THE MARRIAGE CERTIFICATE ISSUED FROM THE ARCHDIOCESE OF BANGALORE. EXT.P.3: COPY OF THE BIRTH CERTIFICATE OF THE P.2. EXT.P.4: COPY OF THE PHOTOGRAPHS OF THE PETITIONER WITH RESPONDENTS. EXT.P.5: COPY OF THE RESIDENCE ORDER PASSED IN M.C. NO. 38/2010 OF THE JFCM-II, KOCHI, DTD. 02/11/2010. EXT.P.6: COPY OF THE ORDER DTD. 11/03/2011 ISSUED BY THE HON'BLE MAGISTRATE AGAINST THE PETITION FILED BY RESPONDENTS 3 AND 4. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- W.P(Crl.).No.320 OF 2011 ------------------------------------ Dated this the 13th day of July, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. The second petitioner is the minor child of the first petitioner. It is shown that the alleged detenu Capt.Shibu Palokaran had married the first petitioner and the second petitioner is their son. We have read the writ petition. It contains various allegations against respondents 3 and 4 who are the parents of Capt.Shibu Palokaran. There are also some allegations made against him. On the totality of the facts and circumstances, the writ petition does not inspire confidence for issuance of any writ, order or direction in the nature of Habeas Corpus or other orders that could be generated under Article 226 of the Constitution of India. We are told that the learned Government Pleader has been instructed by the police that the alleged detenu is presently abroad, on board duty in a WPCR.320/11 2 foreign ship named 'P & O Line' of a U.K. based Shipping Company. The parents of the alleged detenu also vouchsafed to the fact that the alleged detenu is outside India. We are abundantly concerned with the 7 year old child who should not be involved in any turmoil that would affect him. At this point of time, the age of the boy is such that he should be provided adequate support, not only by way of material well being but also of sufficient emotional support. We are of the view that if at all the parties, including the alleged detenu, cannot resolve their bickerings among themselves, they may take recourse to appropriate procedure before the family court which is an appropriately armed institution in accordance with the statutory provisions, including for ADR modes of resolution. Having regard to the specificity of the quality of jurisdiction of the family court, we are not inclined to accept the request of the petitioners to convert the writ petition to be essentially one for resolving WPCR.320/11 3 disputes, if any, between the alleged detenu and the first petitioner. With the aforesaid, we close this writ petition without prejudice to the parties seeking remedies elsewhere in accordance with law. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.13/7.