IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(Crl.).No. 318 of 2008(S) PETITIONER: A.H.VIKAS, AGED 34 YEARS, S/O.HASSAN KUNJU, ARYANKALAYIL HOUSE, TRIVENI ROAD, KAVUNKARA.P.O, MUVATTUPUZHA. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENTS: 1. SHAMEENA ASHRAF, AGED 45 YEARS, W/O.E.M.ASHRAF, ELAVUNGAL HOUSE, KARAPUZHA.P.O, KOTTAYAM. 2. E.M.SALIM, AGED 60 YEARS, KUNHU MOHAMMED ELAVUNGAL HOUSE, PUNNASERY, KARAPUZHA.P.O, KOTTAYAM. 3. CIRCLE INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION. 4. DEPUTY SUPERINTENDENT OF POLICE, KOTTAYAM. R1 & R2 BY ADV. SRI.T.K.SAIDALIKUTTY SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SMT.SHEENA SAMUEL GOVERNMENT PLEADER SRI.MOHAMMED ANSAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 14.12.2007 ISSUED BY CENTRAL MAHALLU JUMA'ATH, MASJID ROAD, MUVATTUPUZHA. EXT.P2 TRUE COPY OF THE REPRESENTATION DATED 30.7.2008. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ KURIAN JOSEPH & K.T.SANKARAN, JJ. ------------------------------------------------------------- W.P.(CRL) NO. 318 OF 2008 S ------------------------------------------------------------- Dated this the 22nd September, 2008 JUDGMENT Kurian Joseph, J. The Writ Petition is filed for the following prayer: “Issue a writ of Habeas Corpus directing the respondents to produce the body of Mrs.Shima Ashraf, wife of the petitioner, before this Hon'ble Court and set her at liberty in the custody of the petitioner.” 2. The alleged detenue, Mrs.Shima Ashraf, was present before this court. It was submitted before us that she is not in illegal custody of anybody else and that she is living happily with her parents. As far as the other disputes are concerned, we find that the parties are already before the Family Court, Kottayam in two proceedings; one for divorce and the other for return of gold ornaments. Therefore, it is for the parties to pursue their grievances before the Family Court. The Writ Petition (Criminal) is, therefore, dismissed with liberty to the parties to pursue their grievances before the Family Court and other appropriate forums. (KURIAN JOSEPH) Judge (K.T.SANKARAN) Judge ahz/