IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH APRIL 2010 / 30TH CHAITHRA 1932 WP(Crl.).No. 143 of 2010(S) --------------------------------------- PETITIONER(S): ----------------------- RAJU. R, E.M.S. NRA 14, MADAVAKANDAM, KALLUVILAKOM, 'EDAGRAMOM, KARUMOM, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): -------------------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. COMMISSIONER OF POLICE THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE MUSEUM POLICE STATION, THIRUVANANTHAPURAM 4. DEEPA. P.S., DIVYA SREE, C.S.M. NAGAR, EDAPAZHINJI, SASTHAMANGALAM PO THIRUVANANTHAPURAM. 5. M.P. PURUSHOTHAMAN, DIVYA SREE C.S.M. NAGAR, EDAPAZHINJI, SASTHAMANGALAM PO., THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER MR.K. SANDESH RAJA. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 20/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 143 of 2010(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT DATED 10/04/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. S.SIRI JAGAN & P.N. RAVINDRAN, JJ. ........................................... W.P.(Crl.)NO.143 OF 2010 ............................................. Dated this the 20th day of April, 2010. J U D G M E N T Siri Jagan, J: Petitioner is the husband of the 4th respondent. 5th respondent is the father of the 4th respondent. They have one girl child. This writ petition is filed alleging that the child is in the illegal custody of respondents 4 and 5. 2. On a reading of the writ petition, it is abundantly clear that what the petitioner wants is the custody of the child. For that the remedy open to the petitioner is not to file a habeas corpus writ petition. Petitioner's remedy lies filing a petition before the appropriate family court having jurisdiction seeking appropriate reliefs. Accordingly this writ petition is dismissed without prejudice to the right of the petitioner to approach the family court for appropriate reliefs. S.SIRI JAGAN, JUDGE. P.N. RAVINDRAN, JUDGE. cl : 2 : : 3 :