IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(Crl.).No. 306 of 2011(S) --------------------------- PETITIONERS: --------------- 1. K.C.MOIDUNNI, CHUNNATH HOUSE, CHOWWALLOOR, KANDANASSERY P.O., THRISSUR. 2. SUBAITHA, W/O.K.C.MOIDUNNI, CHUNNATH HOUSE, CHOWWALLOOR, KANDANASSERY P.O., THRISSUR. BY ADV. SRI.C.P.KUNJHIKANNAN SRI.S.K.MADHU RESPONDENTS: --------------- 1. MUHAMMAD JAWAHAR, S/O.ABDUL KHADER, SHIYAS MANSIL, NEAR YATHEEM KHANA, VYPOOR, PATHANAMTHITTA DISTRICT-689 588. 2. RASHEED MUSALIYAR, SHIYAS MANSIL, NEAR YATHEEM KHANA, VYPOOR, PATHANAMTHITTA DISTRICT-689 588. 3. THE CIRCLE INSPECTOR OF POLICE, MALLAPPILLI, PATHANAMTHITTA-689 585. 4. THE SUB INSPECTOR OF POLICE, MALLAPPILLI, PATHANAMTHITTA-689 585. 5. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA-689 585. GOVERNMENT PLEADER, SHRI C M KAMAPPU FOR R3-5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: NIL RESPONDENT'S EXHIBITS : NIL // TRUE COPY// PA TO JUDGE K. M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No.306 of 2011 S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of June, 2011 JUDGMENT K.M. Joseph J., The petitioners have approached this Court seeking a writ of habeas corpus for the production of their grandchildren, born to their daughter (deceased) in her marriage with the first respondent. 2. Today the alleged detenues/children were present. We interacted with them. They are aged 14 and 10 years. From our interactions with them, we got the impression that they would like to continue their stay with the petitioners and continue their education at Thrissur. The first respondent, who is not represented by a counsel would say that in the light of the expression by his daughters, his daughters can continue their stay with the petitioners at Thrissur. He requests that he may be permitted to visit his W.P.(Crl.) No.306 of 2011 :2: children in the residence of the petitioners. Learned senior counsel for the petitioners submits that the petitioners have no objection in the first respondent visiting his daughters at the residence of the petitioners, at any time. 3. Secondly, the first respondent would say that the children may be allowed to spend some time with him during vacation. Learned senior counsel after getting instructions from his client submits that the petitioners have no objection in the alleged detenues spending some time in the house of the second respondent during vacation periods. 4. In the light of the stand taken by the parties, we dispose of the matter as follows: (i) We allow the alleged detenues to go with the petitioners and continue their education at Thrissur. (ii) The first respondent will be permitted to visit their children at the residence of the petitioners as and when he is available in India. In this connection we record the statement of the learned senior counsel that it will be open to the first respondent W.P.(Crl.) No.306 of 2011 :3: along with the daughter to visit his children at the residence of the petitioners. (iii) The petitioners will allow the children (alleged detenues) to spend one half of the vacation periods of Onam, X-Mas and Summer vacations in the residence of the second respondent for which the first respondent requires to make necessary arrangements. K.M.JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/