Unknown vs By Advs
2021 Latest Caselaw 2400 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

         THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                 &

           THE HONOURABLE MRS. JUSTICE M.R.ANITHA

THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                       WP(Crl.).No.28 OF 2021


PETITIONERS

     1        MUHAMMAD ANVAR
              AGED 59 YEARS
              S/O.KUNJUMAKKAR, AREEKKODATH VEED, MALIKAM
              PEEDIKA, ALANGODE P.O., PARAVOOR, ERNAKULAM,
              PIN 683 511

     2        NOORJAHAN
              AGED 54 YEARS
              W/O.MUHAMMAD ANVAR, AREEKKODATH VEED, MALIKAM
              PEEDIKA, ALANGODE P.O., PARAVOOR, ERNAKULAM,
              PIN 683 511

              BY ADVS.
              SHRI.INNOCENT FRANCIS PAPALI
              SRI.V.A.HAKEEM
              SMT.V.P.BIJI
              SHRI.SIDHARTH E.P

RESPONDENTS

     1        STATION HOUSE OFFICER
              VATAKARA POLICE STATION, VATAKARA, KOZHIKODE
              DISTRICT, PIN 673 101

     2        FOUSIYA AFRAS
              AGED 36 YEARS, D/O.AMMED, MAUCHERRIKKAL
              VEEDU, VALLIYAD P.O., VATAKARA TALUK,
              KOZHIKODE DISTRICT, PIN 673 542

     3        AMMED
              AGED 62 YEARS, (FATHER'S NAME NOT KNOWN),
              MAUCHERRIKKAL VEEDU, VALLIYAD P.O., VATAKARA
              TALUK, KOZHIKODE DISTRICT, PIN 673 542

     4        FAIZAL
 WP(Crl).28 of 2021
                                 2


                AGED 30 YEARS
                S/O.AMMED, MAUCHERRIKKAL VEEDU, VALLIYAD P.O.,
                VATAKARA TALUK, KOZHIKODE DISTRICT, PIN 673 542


OTHER PRESENT:

                SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 WP(Crl).28 of 2021
                                         3




                                JUDGMENT

Dated : 21st January, 2021

K.Vinod Chandran, J.

1.Petitioners are the paternal grand parents of two children born in the wedlock of their son and the 2nd respondent. The son of the petitioners admittedly is working abroad. The 2nd respondent is said to have been living with the petitioners in her marital home with the children. The writ petition is filed on the ground that the 2nd respondent along with the children left the matrimonial home and started residing at her parental residence. We do not find any reason to issue a writ of Habeas Corpus because the mother, who alone is in the country and who had the custody of the children, had taken the children and had gone to reside with the parents. If at all there is any dispute between father and mother, it is for such parties to approach the jurisdictional Family Court. We find no reason to entertain WP(Crl).28 of 2021

this Writ Petition seeking a writ of Habeas Corpus by the grand parents.

2.Writ Petition dismissed in limine.

K.VINOD CHANDRAN Judge

M.R.ANITHA Judge Mrcs/21.1. xxx