Kerala High Court
Vishnu P vs The State Police Chief on 2 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
WP(CRL.) NO. 114 OF 2022
PETITIONER:
VISHNU P,
AGED 29 YEARS,
S/O PRASAD,
PUTHUVAL HOUSE, PUNNAPRA P.O.,
AMBALAPUZHA TALUK,
ALAPPUZHA DISTRICT - 688 004
BY ADVS.
GEORGE MATHEW
PRAVEEN S.
M.D.SASIKUMAR
MATHEW K.T.
SUNIL KUMAR A.G
GEORGE K.V.
ELSA DENNY PINDIS
DIPU JAMES
STEPHY K REGI
BIJILI JOSEPH
RESPONDENTS:
1 THE STATE POLICE CHIEF,
POLICE HEAD QUARTERS,
THYCADU P.O., THIRUVANANTHAPURAM - 695 014
2 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF,
ALAPPUZHA - 688001
3 THE DEPUTY SUPERINTENDANT OF POLICE,
OFFICE OF THE DEPUTY SUPERINTENDANT OF POLICE,
ALAPPUZHA - 688 001
4 THE STATION HOUSE OFFICER,
PUNNAPRA POLICE STATION,
ALAPPUZHA DISTRICT - 688 004
5 RAGHI VISHNU,
AGED 23 YEARS,
W/O VISHNU,
PUDUVAL, KOMANA,
AMBALAPPUZHA - 688 561
W.P.(Crl) No.114 of 2022
2
6 JITHU,
AGED 24 YEARS,
S/O BIJU,
PUDUVAL,
KOMANA, AMBALAPPUZHA - 688 561
OTHER PRESENT:
SRI.E.C.BINEESH - GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 02.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl) No.114 of 2022
3
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
---------------------------------------
W.P(Crl.)No. 114 of 2022
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Dated this the 02nd day of February, 2022
JUDGMENT
Jayachandran, J.
The petitioner is the father of the alleged
detenue - a minor boy - by name 'Vibhav Vishnu'. He
seeks issuance of a writ of Habeas Corpus, compelling
production of the alleged detenue before this Court, who
according to the petitioner is in illegal custody of
respondent No.5/mother and respondent No.6, the alleged
paramour of the 5th respondent. In the writ petition,
petitioner would allege that 5th respondent left the
matrimonial home due to marital discord, that the minor
child was taken away by her family members and that
petitioner could interact with the child, only as a
result of complaints preferred by him. While so, the 5th
respondent eloped with the 6th respondent, where-after,
W.P.(Crl) No.114 of 2022
the whereabouts of the minor child is not known. The
petitioner is not in a position to seek custody of the
child before the jurisdictional Family Court. On such
premise, the petitioner seeks the relief above referred.
2. Having heard learned counsel for the petitioner
and the learned Public Prosecutor, we are not persuaded
to entertain the instant writ petition. We notice that,
even as per the very showing in the writ petition, the
minor child - the alleged detenue - is in the custody of
his mother, which cannot be construed as illegal
detention, by any stretch of imagination. Essentially,
there is marital discord between petitioner and the 5 th
respondent, and the issue regarding custody of the child
is ancillary thereto. The petitioner would aver that he
is not in a position to approach the jurisdictional
Family Court, seeking custody of the child. We cannot
comprehend any valid reason for the same. It appears
that the proper remedy of the petitioner, in the given
circumstances, is to move to the jurisdictional Family
Court, seeking appropriate remedies. A writ petition in
disguise of such remedy can hardly be countenanced.
W.P.(Crl) No.114 of 2022
We find no illegal detention, with the result,
this writ petition fails and the same is accordingly
dismissed.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
C.JAYACHANDRAN
JUDGE
NR/02/02/2022
W.P.(Crl) No.114 of 2022
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF COMPLAINT DTD 29.01.202 FILED BY
PETITIONER WITH 4TH RESPONDENT
EXHIBIT P2 TRUE COPY OF RECEIPT DTD.29.01.2022 ISSUED FROM
THE OFFICE OF 4TH RESPONDENT
