Asokan A.S vs The Union Of India
2022 Latest Caselaw 6569 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                   &
               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                        WP(CRL.) NO. 140 OF 2021
PETITIONERS:

    1     ASOKAN A.S
          AGED 59 YEARS
          S/O. SUBRAN, AINIKADAN HOUSE,
          MURINGOOR, CHALAKKUDY,
          THRISSUR-680 307

    2     SUSEELA,
          AGED 54 YEARS
          D/O. JANAKI, AINIKADAN HOUSE,
          MURINGOOR, CHALAKKUDY,
          THRISSUR 680 307.

    3     BIJU,
          AGED 43 YEARS
          S/O. SHAJI, PULLARKAD HOUSE,
          KARIYAD, NEDUMBASSERY,
          ERNAKULAM-683 583

          BY ADVS.R.KRISHNA RAJ
                  E.S.SONI
                  KUMARI SANGEETHA S.NAIR


RESPONDENTS:

    1     THE UNION OF INDIA
          REPRESENTED BY ITS SECRTARY TO GOVERNMENT,
          MINISTRY OF EXTERNAL AFFAIRES,
          NEW DELHI-110 001

    2     EMBASSY OF INDIA,
          MUSCAT-OMAN,
          REPRESENTED BY ITS AMBASSADOR,
          JAMI' AT AL-DOWAL AL-ARABIYA STREET,
          DIPLOMATIC AREA,
          AL KHUWAIR,
          P.O. BOX 1727, PC 112.
 W.P(Crl) No.140/2021
                              - 2 -


    3     DIRECTOR GENERAL OF POLICE (STATE POLICE CHIEF),
          POLICE HEADQUARTERS,
          THIRUVANANTHAPURAM-695 004

    4     ASWATHY,
          AGED 36 YEARS
          W/O.BIJU,
          RESIDING AT HOUSE NO.11,
          1ST FLOOR, BUILDING NO.7889,
          NEAR SOCIAL DEVELOPMENT OMAN BUILDING,
          AL-KODH-6, MUSCAT-OMAN.

          * ADDL. R5 IS IMPLEADED

    5     THE MINISTRY OF HOME AFFAIRS,
          INTERNAL SECURITY II DIVISION,
          II FLOOR,
          MAJOR DHYAN CHAND NATIONAL STADIUM,
          NEW DELHI-110 001.

          * IS IMPLEADED AS ADDL. R5 VIDE ORDER DATED 30/06/2021
          IN W.P.(CRL.)NO. 140/2021.

          R1 & R2 BY SRI. P.VIJAYAKUMAR, SCGC
                          SRI.K.SHRI HARI RAO, CGC
          R3 BY SRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR


     THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(Crl) No.140/2021
                                   - 3 -




                                  JUDGMENT

Vinod Chandran, J.

The grievance of the third petitioner is that his

minor child is in the illegal custody of the fourth

respondent mother. Admittedly, the fourth respondent

with the child was residing in Muscat and it is also

alleged that the wife has converted to Islam and has

illicit relationship with a Pakistani.

2. We issued notice, however, the same was returned

undelivered, citing the reason that the address is not

clear. The attempt of the Embassy to contact the fourth

respondent over the mobile phone number supplied by the

petitioners has also failed. The child admittedly is in

the custody of the mother and we cannot find any illegal

custody or forceful detention by the mother. The issue

is of custody of the child which the petitioners will W.P(Crl) No.140/2021

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have to agitate before the appropriate court. No writ of

habeas corpus will issue.

The writ petition will stand closed, leaving open the

remedies available to the petitioners to agitate the

custody issue.

Sd/-

K.VINOD CHANDRAN, Judge

Sd/-

C.JAYACHANDRAN, Judge

DCS/08/06/2022 W.P(Crl) No.140/2021

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APPENDIX

PETITIONER'S EXHIBITS:

Exhibit P1 COPY OF THE CERTIFICATE

Exhibit P2 COPY OF THE PHOTOGRAPHS

Exhibit P3 COPY OF THE PHOTOGRAPHS

Exhibit P4 COPY OF THE COMPLAINANT FILED BY THE THIRD PETITIONER BEFORE THE INDIAN EMBASSY