IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(Crl.).No. 405 of 2008(S) --------------------------- PETITIONER(S): --------------- SUMAYATH C.H., AGED 25 YEARS, D/O.YOUSUF, ILLATH HOUSE, CHAMPAD P.O., KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): --------------- 1. ABDURAHIMAN, AGED 36 YEARS, H.NO.V/5, OPP:ULLAL POST OFFICE, ULLAL, MANGALORE DISTRICT, KARNATAKA STATE. 2. KABEER, AGED 45 YEARS, RESIDING DO. 3. FIROZ, AGED 35 YEARS, RESIDING -DO- 4. SUB INSPECTOR OF POLICE, ULLAL, MANGALORE DISTRICT. 5. SUPERINTENDENT OF POLICE, MANGALORE DISTRICT. ADV. SRI.K.I.MAYANKUTTY MATHER FOR R1 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL) NO. 405/2008 A P P E N D I X EXT.P1 TRUE COPY OF THE ORDER IN CRL.M.P.2165/08 OF ADDL. CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY. KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- W.P.(Crl) No.405 of 2008 ---------------------------------------------- Dated 2nd December, 2008. J U D G M E N T Kurian Joseph, J. Petitioner is the wife of the first respondent and mother of two children viz., Abdulla and Abdul Aziz, aged 7 years and 5 years respectively. The complaint is that the children are in the illegal custody of respondents 2 and 3 who are the friends of the first respondent. 2. Petitioner and respondents 1 to 3 are present. We have interacted with them. The first respondent/father submits that the children are with him and that they are now being educated at Islahi English Medium School, Ullal, Mangalore, in 1st Standard and LKG respectively, since 2007. It is also submitted that the first respondent had taken the children during holidays in August, but thereafter they were not returned. It is further submitted that the first respondent has taken the children with him since there may not be any interruption in the studies. It is also brought to the notice of this court that the petitioner herself has initiated various criminal proceedings against the first respondent. Still further it is submitted that the first respondent WP(Crl) NO.405/08 2 himself has filed a petition for declaring him as the guardian, under the provisions of the Guardian and Wards Act and the matter is now pending before the Principal District and Sessions Court, Mangalore. It is further brought to the notice of this court that the children are always only with the first respondent in Mangalore. Now that it has come out that the children are with the father and that the children had been with the father, and that the children are being educated by the father. In case the petitioner wants to see the children or be with the children, it is for the petitioner to move the court of competent jurisdiction. Since we are satisfied that the children of the petitioner are not in the illegal custody of respondents 2 and 3 and since the children are only with their father, the first respondent, we do not find any merit in the writ petition. It is accordingly dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- W.P.(Crl) No.405 of 2008 ---------------------------------------------- J U D G M E N T Dated 2nd December, 2008.