IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(CRL.) NO. 140 OF 2021
PETITIONERS:
1 ASOKAN A.S
AGED 59 YEARS
S/O. SUBRAN, AINIKADAN HOUSE,
MURINGOOR, CHALAKKUDY,
THRISSUR-680 307
2 SUSEELA,
AGED 54 YEARS
D/O. JANAKI, AINIKADAN HOUSE,
MURINGOOR, CHALAKKUDY,
THRISSUR 680 307.
3 BIJU,
AGED 43 YEARS
S/O. SHAJI, PULLARKAD HOUSE,
KARIYAD, NEDUMBASSERY,
ERNAKULAM-683 583
BY ADVS.R.KRISHNA RAJ
E.S.SONI
KUMARI SANGEETHA S.NAIR
RESPONDENTS:
1 THE UNION OF INDIA
REPRESENTED BY ITS SECRTARY TO GOVERNMENT,
MINISTRY OF EXTERNAL AFFAIRES,
NEW DELHI-110 001
2 EMBASSY OF INDIA,
MUSCAT-OMAN,
REPRESENTED BY ITS AMBASSADOR,
JAMI' AT AL-DOWAL AL-ARABIYA STREET,
DIPLOMATIC AREA,
AL KHUWAIR,
P.O. BOX 1727, PC 112.
W.P(Crl) No.140/2021
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3 DIRECTOR GENERAL OF POLICE (STATE POLICE CHIEF),
POLICE HEADQUARTERS,
THIRUVANANTHAPURAM-695 004
4 ASWATHY,
AGED 36 YEARS
W/O.BIJU,
RESIDING AT HOUSE NO.11,
1ST FLOOR, BUILDING NO.7889,
NEAR SOCIAL DEVELOPMENT OMAN BUILDING,
AL-KODH-6, MUSCAT-OMAN.
* ADDL. R5 IS IMPLEADED
5 THE MINISTRY OF HOME AFFAIRS,
INTERNAL SECURITY II DIVISION,
II FLOOR,
MAJOR DHYAN CHAND NATIONAL STADIUM,
NEW DELHI-110 001.
* IS IMPLEADED AS ADDL. R5 VIDE ORDER DATED 30/06/2021
IN W.P.(CRL.)NO. 140/2021.
R1 & R2 BY SRI. P.VIJAYAKUMAR, SCGC
SRI.K.SHRI HARI RAO, CGC
R3 BY SRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(Crl) No.140/2021
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JUDGMENT
Vinod Chandran, J.
The grievance of the third petitioner is that his minor child is in the illegal custody of the fourth respondent mother. Admittedly, the fourth respondent with the child was residing in Muscat and it is also alleged that the wife has converted to Islam and has illicit relationship with a Pakistani.
2. We issued notice, however, the same was returned undelivered, citing the reason that the address is not clear. The attempt of the Embassy to contact the fourth respondent over the mobile phone number supplied by the petitioners has also failed. The child admittedly is in the custody of the mother and we cannot find any illegal custody or forceful detention by the mother. The issue is of custody of the child which the petitioners will W.P(Crl) No.140/2021
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have to agitate before the appropriate court. No writ of habeas corpus will issue.
The writ petition will stand closed, leaving open the remedies available to the petitioners to agitate the custody issue.
Sd/-
K.VINOD CHANDRAN, Judge Sd/-
C.JAYACHANDRAN, Judge DCS/08/06/2022 W.P(Crl) No.140/2021
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APPENDIX PETITIONER'S EXHIBITS:
Exhibit P1 COPY OF THE CERTIFICATE Exhibit P2 COPY OF THE PHOTOGRAPHS Exhibit P3 COPY OF THE PHOTOGRAPHS Exhibit P4 COPY OF THE COMPLAINANT FILED BY THE THIRD PETITIONER BEFORE THE INDIAN EMBASSY