Soniya Sunny vs State Of Kerala
2022 Latest Caselaw 9124 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 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                         WP(CRL.) NO. 675 OF 2022
PETITIONER/S:

             SONIYA SUNNY, AGED 35 YEARS, D/O LATE SUNNY,
             KUNJUMMATTIL HOUSE,
             PIRAVOM, ERNAKULAM (DIST.)
             PIN - 686664

             BY ADVS. C.P.UDAYABHANU
             BOBAN PALAT
             NAVANEETH.N.NATH
             P.U.PRATHEESH KUMAR
             RASSAL JANARDHANAN A.
             P.R.AJAY
             ABHISHEK M. KUNNATHU


RESPONDENT/S:

     1       STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
             GOVERNMENT OF KERALA. DEPARTMENT OF HOUSE, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM
             PIN - 695001

     2       THE CIRCLE INSPECTOR OF POLICE
             THRIKKAKKARA, PIN - 682030

     3       K.C. SANU, AGED 30 YEARS
             HOUSE NO. MKRR 41(A), VAZHAKKALA, PIN - 682021

     4       BEENA, AGED 57 YEARS
             HOUSE NO. MKRR 41(A), VAZHAKKALA, PIN - 682021

             SRI.E.C.BINEESH, GOVERNMENT PLEADER


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 675 OF 2022


                                    -2-



          K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
                ---------------------------------------------
                Writ Petition (Crl.) No.675 of 2022
                ---------------------------------------------
               Dated, this the 27th day of July, 2022.


                                 JUDGMENT

K.Vinod Chandran, J.

The petitioner, the mother of two infant children, alleges illegal

detention of her children by the 3 rd respondent, who is the father of the

children. The 4th respondent is the paternal grandmother of the children. The

petitioner admittedly has filed O.P(G&W) No.1682/2022 before the Family

Court Ernakulam. The contention raised is that the party respondents are

constantly changing their residence and hence, the whereabouts of the

children cannot be ascertained. The petitioner has approached the Circle

Inspector of police, which did not evoke any response.

The Family Court is seized of the matter and we are not apprised of the

exact stage of the O.P(G&W). The petitioner can take appropriate remedy

before the Family Court, which court could even issue direction to the police

to trace out the children, if notice is evaded. There is no cause for issuance of

a Habeus Corpus atleast at this moment. We leave the petitioner to agitate WP(CRL.) NO. 675 OF 2022

the cause before the Family Court and close the above writ petition.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

C. JAYACHANDRAN JUDGE uu 27.07.2022 WP(CRL.) NO. 675 OF 2022

APPENDIX OF WP(CRL.) 675/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE G.O.P 1682 OF 2022 DATED 17/06/2022 FILED BY THIS PETITIONER BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM

Exhibit P2 THE TRUE COPY OF THE COMPLAINT DATED 04/07/2022

Exhibit P3 THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT RECEIVED FROM THRIKKAKARA POLICE STATION REGARDING THE ABOVE SAID COMPLAINT DATED 04/07/2022