IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(Crl.).No. 266 of 2009(S) --------------------------- PETITIONER(S): --------------- T.KASIM BEEVI, AGED 68 YEARS, LEENA MANZIL, MANNADY P.O., KADAMPANAD VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION KOLLAM DISTRICT. 2. SUPERINTENDENT OF POLICE, KOLLAM, KOLLAM DISTRICT. 3. S.A.MAJEED, S/O.SHAHUL HAMEED RAUTHER, MALANKAVIL PUTHEN VEEDU, KUNDAYAM P.O., PATHANAPURAM VILLAGE, KOLLAM DISTRICT. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.266 of 2009 ---------------------------------------- Dated this the 23rd day of July 2009 J U D G M E N T BASANT,J This petition is filed by the petitioner, a woman aged about 68 years, for the issue of a writ of habeas corpus to search for, trace and produce her grandson, a minor child aged about 9 years by name Boban.P.M. The said child's mother Leena Begam is the only child of the petitioner herein. According to the petitioner, the child was with her and she was looking after the child. She alleged that the child was taken away forcibly by the 3rd respondent without the consent of the petitioner. The 3rd respondent, she alleged, had some connection with her daughter and it was her apprehension that the child was taken away by the 3rd respondent without permission from her daughter also. 2. This petition was filed on 07/07/2009. The same came up for admission on 08/07/2009. The petitioner was directed to ensure that an affidavit is filed by the mother of the child if, as a matter of fact, the child is not in the custody of the mother also. The matter came up for hearing again on 13/7/2009. The W.P.Crl No.266/09 2 petitioner, on that day, asserted that her daughter is also missing and she has not been able to contact her daughter. She apprehended that the child was forcibly taken away by the 3rd respondent to threaten/blackmail her daughter Leena Begam also. It was, in these circumstances, that we gave the petitioner further time to ascertain the crucial facts. In the meantime, respondents 1 and 2 police officers were directed to ascertain whether the child is with the mother. In fact, the matter stands posted for admission only today. 3. Today when the matter came up for hearing, the petitioner is represented by her counsel. She is not present. The minor child Boban is present along with his mother. The 3rd respondent as also the daughter of the petitioner Leena Begam is present. The 3rd respondent is represented by a counsel. 4. The learned counsel represents on behalf of the 3rd respondent and the mother of the minor child that they have got legally married. The mother of the child was earlier married and that marriage has ended in divorce. Subsequently, she has married the 3rd respondent. The child is now residing along with them; but has been admitted to a residential school at Thiruvananthapuram. The child is not under the illegal W.P.Crl No.266/09 3 confinement or detention of anyone. The petitioner does not completely approve the marriage between her daughter and the 3rd respondent and it is, in these circumstances, that the present petition has been filed by the petitioner. The learned counsel for the third respondent and the mother of the child pray that proceedings may be closed and this writ petition may be dismissed. The learned counsel has produced before the court a certificate issued by the Secretary of the Mannady Muslim Jama- Ath dated 21/7/2009 to confirm that the mother of the child is married to the 3rd respondent on 14/12/2008. The learned counsel for the petitioner submits that the petitioner's anxiety was only to ensure that the child was under the proper care and custody of its mother. The child, it appears, was evidently not with the 3rd respondent and the mother of the child; but has been admitted to a residential school. 5. We appreciate the anxiety of the petitioner who was perhaps unable to locate the child even in the custody of her daughter and the 3rd respondent. But we are now satisfied that the child is safely under the care and custody of its mother and that no further directions are necessary in this writ petition. W.P.Crl No.266/09 4 6. This writ petition is accordingly dismissed. The minor child who has been brought to court by its mother, is permitted to leave the court along with his mother and the 3rd respondent. The certificate of marriage is returned to the learned counsel. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.Crl No.266/09 5 W.P.Crl No.266/09 6 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 18/06/2009