IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(Crl.).No. 532 of 2011(S) --------------------------------------- PETITIONER(S): ------------------------- MUKESH MOHAN, S/O.MOHANAN, AGED 34 YEARS, RESIDING AT 'HARISREE', NEAR ETTEKKAR CHURCH, NORTH EDATHALA P.O., ALUVA, PIN 683 564. BY ADV. SRI.C.K.PAVITHRAN SRI.M.X.XAVIER SRI.M.VIVEK RESPONDENT(S): --------------------------- 1. USHA ACHUTHAN, W/O.ACHUTHAN, AGED 46 YEARS, AESTHETIC SKIN CARE CENTRE, P.B.NO.44843, ABU DHABI, U.A.E. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. BY SRI.P.VIJAYA RAGHAVAN/STATE ATTORNEY THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(Crl.)No.532 of 2011 ---------------------------------------- Dated this the 18th day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. Reading the writ petition, we see that the petitioner's wife and child, who are now in Abudabi, may have many grounds, which are not now, discernible for the present situation. We see the pleadings in paragraph 4 that from 9.3.2011 the petitioner and his wife and child are living separately. While the petitioner attribute this to the conduct of his mother-in-law, the first respondent , who is in Abudabi, we read in paragraph 5 of the writ petition about a situation where the petitioner was seeing and contacting his wife and child by meeting them at places as mutually agreed. This obviously means that this is not a fit case for exercise of writ jurisdiction on a plea for issuance of writ of habeas corpus. We leave open the right of the petitioner, if any, to seek appropriate remedies from matrimonial jurisdiction, in accordance with law. Ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/18.11