Shaji. S vs Ameer Kannu
2021 Latest Caselaw 21047 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                   &
               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
    WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                        WP(CRL.) NO. 237 OF 2021
PETITIONER:

          SHAJI. S
          AGED 47 YEARS
          S/O. SAWAD KUTTI, CHEMPISSERIL KIZHAKKETHIL HOUSE,
          KAYAMKULAM P.O., ALAPPUZHA DISTRICT, KERALA, PIN CODE-
          690 502.
          BY ADV SRI. ARUN CHANDRAN


RESPONDENTS:

    1     AMEER KANNU
          F/O. RAZEENA A., THAIKKAPPARAMP THEKKETHUNDU HOUSE,
          AADIKKATTUKULANGARA, P.O, NOORANADU,
          ALAPPUZHA DISTRICT, PIN CODE-690504.
    2     RABIA
          M/O. RAZEENA A., THAIKKAPPARAMP THEKKETHUNDU HOUSE,
          AADIKKATTUKULANGARA P.O., NOORANADU,
          ALAPPUZHA DISTRICT-690 504.
    3     THE DISTRICT POLICE CHIEF
          ALAPPUZHA DISTRICT, PIN CODE-688 001.
    4     THE STATION HOUSE OFFICER
          NOORANADU POLICE STATION, ALAPPUZHA DISTRICT,
          PIN CODE-690 504.
    5     THE STATION HOUSE OFFICER
          KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT,
          PIN CODE-690 502.
 WP(Crl.)No.237 of 2021        - 2 -



    6     SHAJAHAN
          ASSISTANT SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE
          STATION, ALAPPUZHA DISTRICT, PIN CODE-690 502.




OTHER PRESENT:

          SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN


     THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl.)No.237 of 2021                 - 3 -




               K.Vinod Chandran & C.Jayachandran, JJ.
                ------------------------------------
                      WP(Crl.) No.237 of 2021-S
                ------------------------------------
                  Dated, this the 20th October 2021

                                      JUDGMENT

Vinod Chandran,J.

The petitioner has filed the writ petition (Crl)

seeking a writ of habeas corpus for the production of his two

minor children and their mother who is said to be in the

illegal custody of respondents 1 and 2. Respondents 1 and 2

are the parents of the wife of the petitioner. The petitioner

in the writ petition claims that his wife suffers 85% hearing

impairment and also has intellectual disability. It is

alleged that after the birth of the two children the

respondents 1 and 2 have been trying desperately to separate

the petitioner from his wife. The petitioner also alleges

that the respondents 1 and 2 with the help of goondas

forcefully took his wife and children away, after manhandling

himself and his physically challenged sister.

2. We directed the learned Senior Government Pleader to

get a statement of the alleged detenue. The learned Senior

Government Pleader has produced the statement of the alleged

detenue recorded by the 4th respondent along with a memo. The

statement discloses quite contrary facts as alleged by the

wife of the petitioner. She admits her hearing impairment but

does not speak of any other disability. According to her the

entire financial assistance extended to her at the time of

marriage has been frittered away by the petitioner. The

petitioner also sought for further financial help by selling

off her parental residence. It is categorically stated that

on her request, her parents had taken her and the minor

children to their residence. She also speaks of a complaint

registered under S.498 IPC as crime No. 410/2021 before the

Kareelakulangara Police Station. She asserts that she has not

been coerced or threatened and that it is due to the

continued harassment, both physical and mental, at her

marital home that she resumed the residence with her parents

along with the minor children. Her decision is also to

further reside with her parents.

3. We find no reason to issue a writ of habeas

corpus since there is no illegal detention. The wife of the

petitioner has willingly walked out of her marital home and

is now residing with her parents on her free will. The

children born in the wedlock are also with their mother. We

dismiss the writ petition but however leaving remedy to the

petitioner to agitate his cause for custody of the children

before the appropriate forum; which obviously the mother

would be entitled to contest and defend.

The writ petition(Crl) stands dismissed.

Sd/-

K. Vinod Chandran Judge

Sd/-

C.Jayachandran Judge jma/-

APPENDIX OF WP(CRL.) 237/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF CERTIFICATE OF DISABILITY OF THE IST RESPONDENT ISSUED BY THE SUPERINTENDENT OF GOVERNMENT TALUK HOSPITAL, KAYAMKULAM AS PER RULE 18(1) OF RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016.

Exhibit P2 TRUE COPY OF M.C.NO.137/2019 ON THE FILES OF IST CLASS JUDICIAL MAGISTRATE COURT, KAYAMKULAM. Exhibit P3 TRUE COPY OF THE REPLY STATEMENT FILED BY PETITIONER IN M.C.NO.137/2019.

Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 23.7.2021 SUBMITTED BY THE PETITIONER TO THE CIRCLE INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION. Exhibit P5 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT WITH PETITION NO.90085/2021 DATED 23.7.2021 ISSUED FROM THE KAYAMKULAM POLICE STATION.

Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 28.7.201, SUBMITTED BY THE PETITIONER TO THE REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. Exhibit P7 TRUE COPY OF THE COMPLAINT DATED 10.8.2021 SUBMITTED BY THE PETITIONER TO THE REGIONAL PASSPORT OFICER, PANAMPILLY NAGAR, KOCHI. Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 15.8.2021 SUBMITTED BY THE PETITIONER TO THE STATION HOUSE OFFICER, NOORANADU POLICE STATION.

Exhibit P9 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT WITH PETITION NO.104556/2021 DATED 17.8.2021 ISSUED FROM THE NOORANADU POLICE STATION.

Exhibit P10 TRUE COPY OF THE COMPLAINT DATED 20.9.2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

Exhibit P11 TRUE COPY OF THE COMPLAINT DATED 20.9.2021 SUBMITTED BY THE PETITIONER TO THE STATE POLICE CHIEF.

Exhibit P12 TRUE COY OF THE COMPLAINT DATED 20.9.2021 SUBMITTED BY THE PETITIONER TO THE COMMISSION FOR PROTECTION OF CHILD RIGHTS.

Exhibit P13 TRUE COPY OF THE COMPLAINT DATED 20.9.2021 SUBMITTED BY THE PETITIONER TO THE HON'BLE CHIEF MINISTER.