IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 19TH APRIL 2011 / 29TH CHAITHRA 1933 WP(Crl.).No. 130 of 2011(S) --------------------------- PETITIONER(S): --------------- SUMESH DEVADAS, AGED 37 YEARS, S/O.N.K.DEVADAS, ADARSA, KONNI P.O., KOZHENCHERRY TALUK, PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. THE CIRCLE INSPECTOR OF POLICE, KONNI, PATHANAMTHITTA DISTRICT. 3. THE SUB INSPECTOR OF POLICE, KONNI, PATHANAMTHITTA DISTRICT. 4. JISHA JACOB, D/O.P.V.JACOB, JINU BHAVAN, PALAMUKKU, ANCHAL P.O., KOLLAM DISTRICT. NOW RESIDING AT: FLYING CARPET EXPRESS, P.O.BOX NO.8313, SHARJAH AIRPORT FREE ZONE, SHARJAH, U.A.E. 5. ROSAMMA JACOB, W/O.P.V.JACOB, JINU BHAVAN, PALAMUKKU, ANCHAL P.O., KOLLAM DISTRICT. 6. JINU JACOB, S/O.P.V.JACOB, ASSOCIATE CONSULTANT, ORACLE FINANCIAL SERVICE SOFTWARE LTD, LOHIYA JAIN IT PARK, PAUD ROAD, KOTHRUD, PUNE - 29, MAHARASHTRA. ADV. SRI.THYPARAMBIL THOMAS THOMAS FOR R4 TO 6 GOVT.PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- W.P.(Crl) No.130 of 2011 ----------------------------------------------- Dated 19th April, 2011. J U D G M E N T Siri Jagan, J. The petitioner has filed this habeas corpus petition, alleging that his child, namely Aksa is in the illegal custody of his wife. Notices have been served on the respondents. This Court passed the following order on 12.4.2011 : “Today also, learned counsel for respondents submits that the affidavit has not been filed. He says that a fax message has been received and on a perusal of the contents of the fax message, it is stated by the learned counsel that a fresh visa has been obtained for the child, which is stated to be a visiting visa. For filing of the affidavit, call on 19.4.2011.” 2. The learned counsel for the mother of the child today produces before us, a copy of the visa for the child, which is valid for 90 days from 9.3.2011. Admittedly, the child is in the custody of the mother, that too, a girl child, which cannot be termed as an illegal custody at all. Further, it is the case of the petitioner himself that proceedings are pending before the Family Court, which includes a petition for custody of the child. W.P.(Crl) No.130/11 2 In the above circumstances, we do not think that we should further exercise our extraordinary jurisdiction in this matter. Accordingly, without prejudice to the right of the parties to take all their contentions before the Family Court, this writ petition is closed. Sd/- S.SIRI JAGAN, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs