IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(CRL.) NO. 675 OF 2022
PETITIONER/S:
SONIYA SUNNY, AGED 35 YEARS, D/O LATE SUNNY,
KUNJUMMATTIL HOUSE,
PIRAVOM, ERNAKULAM (DIST.)
PIN - 686664
BY ADVS. C.P.UDAYABHANU
BOBAN PALAT
NAVANEETH.N.NATH
P.U.PRATHEESH KUMAR
RASSAL JANARDHANAN A.
P.R.AJAY
ABHISHEK M. KUNNATHU
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT OF KERALA. DEPARTMENT OF HOUSE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM
PIN - 695001
2 THE CIRCLE INSPECTOR OF POLICE
THRIKKAKKARA, PIN - 682030
3 K.C. SANU, AGED 30 YEARS
HOUSE NO. MKRR 41(A), VAZHAKKALA, PIN - 682021
4 BEENA, AGED 57 YEARS
HOUSE NO. MKRR 41(A), VAZHAKKALA, PIN - 682021
SRI.E.C.BINEESH, GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 675 OF 2022
-2-
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
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Writ Petition (Crl.) No.675 of 2022
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Dated, this the 27th day of July, 2022.
JUDGMENT
K.Vinod Chandran, J.
The petitioner, the mother of two infant children, alleges illegal detention of her children by the 3 rd respondent, who is the father of the children. The 4th respondent is the paternal grandmother of the children. The petitioner admittedly has filed O.P(G&W) No.1682/2022 before the Family Court Ernakulam. The contention raised is that the party respondents are constantly changing their residence and hence, the whereabouts of the children cannot be ascertained. The petitioner has approached the Circle Inspector of police, which did not evoke any response.
The Family Court is seized of the matter and we are not apprised of the exact stage of the O.P(G&W). The petitioner can take appropriate remedy before the Family Court, which court could even issue direction to the police to trace out the children, if notice is evaded. There is no cause for issuance of a Habeus Corpus atleast at this moment. We leave the petitioner to agitate WP(CRL.) NO. 675 OF 2022 -3- the cause before the Family Court and close the above writ petition.
Sd/-
K.VINOD CHANDRAN JUDGE Sd/-
C. JAYACHANDRAN JUDGE uu 27.07.2022 WP(CRL.) NO. 675 OF 2022 -4- APPENDIX OF WP(CRL.) 675/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE G.O.P 1682 OF 2022 DATED 17/06/2022 FILED BY THIS PETITIONER BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM Exhibit P2 THE TRUE COPY OF THE COMPLAINT DATED 04/07/2022 Exhibit P3 THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT RECEIVED FROM THRIKKAKARA POLICE STATION REGARDING THE ABOVE SAID COMPLAINT DATED 04/07/2022