IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(Crl.).No. 218 of 2011(S) ------------------------------------ PETITIONER(S): ---------------------- AJAY KAUSHIK,AGED 40 YEARS,S/O.N.K.KAUSHIK DOOR NO.27/3395-F, CITY SQUARE, PERUMANOOR P.O, KOCHI-15. BY ADV. SMT.ANITHA MATHAI MUTHIRENTHY RESPONDENT(S): ------------------------ 1. NILIMA,AGED 39 YEARS,D/O.S.C.GAUTAM,SHILPA, RAJAWADI CO-OPERATIVE HOUSING SOCIETY, GHATKOPER,EAST MUMBAI - 400 077. 2. S.C.GAUTHAM,FATHER OF NILIMA, AGED ABOUT 65 YEARS, RAJAWADI CO-OPERATIVE HOUSING SOCIETY, GHATKOPER,EAST MUMBAI - 400 077. 3. SASHI GAUTAM,MOTHER OF NILIMA, AGED ABOUT 60 YEARS, RAJAWADI CO-OPERATIVE HOUSING SOCIETY, GHATKOPER,EAST MUMBAI - 400 077. 4. STATE OF KERALA,REPRESENTED BY THE COMMISSIONER OF POLICE,KOCHI CITY. R4 BY SR.GOVERNMENT PLEADER SRI.C.M.KAMMAPPU. R1 TO R3 BY ADV. SRI.N.A.SHAJI SMT.SANDHYA VENI THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR NO.218 OF 2011: PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE ORDER DATED 21.3.2011 BY THE FAMILY COURT, ERNAKULAM IN OP NO.319/2006. EXT.P2.COPY OF THE ORDER DATED 6.11.2010 IN IA NO.3481/2010 IN OP NO.319/2006 OF THE FAMILY COURT, ERNAKULAM. EXT.P3.COPY OF THE E MAIL SENT ON 22.3.2011. EXT.P4.COPY OF THE EMAIL SENT ON 15.4.2011. EXT.P5.COPY OF the EMAIL SENT ON 18.4.2011. EXT.P6.COPY OF THE LETTER SENT ON 18.4.2011. EXT.P7.COPY OF THE RECEIPT OF REGISTERED POST SENT ON 18.4.2011 BEARING NO.G 929. EXT.P8.COPY OF THE STATEMENT DETAILING THE TRANSFER OF MONEY. EXT.P9.COPY OF THE ENVELOPE OF THE LETTER RETURNED UNCLAIMED ON 23.4.2011. EXT.P10.COPY OF THE TRAIN TICKET DATED 11.11.2010. EXT.P11.TRUE COPY OF THE RETURN TICKET DATED 12.11.2010. RESPONDENT'S EXHIBITS: EXT.R1.TRUE COPY OF THE AGREEMENT DATED 13.3.2006. EXT.R2.TRUE COPY OF THE ATTESTED TRANSLATION OF FIR DATED 13.11.2010. EXT.R3.TRUE COPY OF THE COUNTER AFFIDAVIT IN CONTEMPT CASE NO.1451/2010 EXT.R4.TRUE COPY OF THE MAT.APPEAL. EXT.R5. TRUE COPY OF MEDICAL CERTIFICATE DATED 16.5.2011. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(Crl.) No.218 of 2011-S ---------------------------------------------- Dated, this the 30th day of May, 2011 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs: “1) to issue a writ of Habeas Corpus directing the 4th respondent to rescue the minor child of the petitioner, aged 11 years from the illegal custody of the respondents before this Court forthwith; 2) to issue a writ of Habeas Corpus to the Ist, 2nd and 3rd respondents to produce Shreya before this Hon'ble Court forthwith: 3) to hand over the child to the petitioner as per Exhibit P1.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is the father of Shreya aged 11 years born out of the wedlock with the Ist respondent. The 2nd and 3rd respondents are parents of the Ist respondent. Reference is made to Ext.P1 order passed by the Family Court. In short, the case is that custody of respondent/mother of the child during the time when as per the order of the Family Court the petitioner is entitled to is illegal. The WPCR 218/2011 -2- child was produced. Thereafter, we had interacted with the child, with the petitioner and also with the Ist respondent. We had ordered day time custody. No doubt, according to the petitioner, petitioner was not insisting for full rights available to him under the order. We gave day time custody noticing the stand taken by the child and the other circumstances. In the light of the orders passed, we do not see any reason to keep this writ petition pending and we close the Writ Petition (Criminal). (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS