Rekha P. vs The District Police Chief
2021 Latest Caselaw 1997 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                &

              THE HONOURABLE MRS. JUSTICE M.R.ANITHA

 TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                      WP(Crl.).No.21 OF 2021

PETITIONER:

               REKHA P., AGED 40 YEARS, D/O.GOPALAKRISHNAN,
               CHAITHANYA HOUSE, SRP MARKET P.O., THAZHAVA
               VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT,
               PIN-690 539.

               BY ADVS.
               SRI.M.T.SURESHKUMAR
               SRI.K.R.RANJITH
               SRI.DARSAN SOMANATH
               SMT.SREELAKSHMI SABU
               SHRI.RAFEEZ NOOH

RESPONDENTS:

      1        THE DISTRICT POLICE CHIEF,
               PATHANAMTHITTA, PIN-689 645.

      2        DEPUTY SUPERINTENDENT OF POLICE,
               PATHANAMTHITTA, PIN-689 645.

      3        THE STATION HOUSE OFFICER,
               PATHANAMTHITTA, PIN-689 645.

      4        P.C.HARI, AGED 50 YEARS, S/O.CHAKRAPANI,
               PALAMOOTTIL HOUSE, PRAKKANAM P.O., KOZHENCHERRY
               TALUK, PATHANAMTHITTA DISTRICT, PIN-689 643.

               BY SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 19.01.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(Crl.).No.21 OF 2021                   2




                               JUDGMENT

Dated this the 19th day of January, 2021.

K. Vinod Chandran, J.

The petitioner, in a habeas corpus writ

petition, seeks production of her son, who is in

the custody of the 4th respondent, the husband of

the petitioner. It is stated that the 4th

respondent obtained an ex parte decree of divorce

on 12.04.2018 and the petitioner is now residing

with her parents. Admittedly, for the last two

years the child was in the custody of the father,

the 4th respondent.

2. It is submitted by the petitioner that

only her mother is allowed to visit the child and

on the last two occasions the child has been

behaving strangely as if he is afraid of

something. The allegation is also that the child

is under the constant threat and harassment of the

father. It is on these contentions that the

petitioner seeks production of the child from the

custody of the father.

3. We do not think that a writ of habeas

corpus is the remedy available to the petitioner.

The petitioner will have to approach the

appropriate forum for custody or visitation

rights.

We hence dismiss the writ petition in

limine.

Sd/-

K. VINOD CHANDRAN, Judge.

Sd/-

M.R. ANITHA, Judge.

sp/19/01/2021 //True Copy// P.A. To Judge

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 11.1.2021 VIA EMAIL TO THE 1ST RESPONDENT DISTRICT POLICE CHIEF, PATHANAMTHITTA