Kerala High Court
Abdul Samad P.B vs The Superintendent Of Police on 31 May, 2024
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(CRL.) NO. 547 OF 2024
PETITIONER/S:
ABDUL SAMAD P.B , AGED 39 YEARS
S/O LATE PK BASHEER PALLATH HOUSE, RESHMA MAHAL
MOOLAPADAM, KALAMASSERY POST ERNAKULAM, PIN - 683104
BY ADVS.
P.SANJAY
A.PARVATHI MENON
BIJU MEENATTOOR
INDIRA.K.P.
PAUL VARGHESE (PALLATH)
KIRAN NARAYANAN
RAHUL RAJ P.
MUHAMMED BILAL.V.A
MEERA R. MENON
BASILA BEEGAM
DEVIKA S. PRASAD
RESPONDENT/S:
1 THE SUPERINTENDENT OF POLICE
PATTALAM ROAD, SAKTHAN THAMPURAN NAGAR, VELIYANNUR,
THRISSUR, KERALA, PIN - 680001
2 THE STATION HOUSE OFFICER
MEDICAL COLLEGE POLICE STATION MUNDATHICODE -
MEDICAL COLLEGE RD, PERINGANDOOR, KERALA, PIN - 680596
3 JIMSHY K.A. , AGED 36 YEARS
KOTTUNGAL HOUSE, GOVERNMENT MEDICAL COLLAGE POST,
NEAR PRIMARY HEALTH CENTER, THRISSUR, KERALA, PIN -
680596
BY ADVS.
Shaju purushothaman M
K.S.RAJESH(K/503/1998)
SRI P M SHAMEER, GP.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
W.P.(Crl.)No.547 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner herein is the husband of the 3rd respondent. He
has approached this Court seeking issuance of writ of Habeas Corpus
directing the 3rd respondent to produce the minor children of the
petitioner. According to him, he is not aware of the whereabouts of the
children for the past several months.
2. By order dated 27.05.2024 this Court directed the parties to
appear before us in person.
3. The 3rd respondent stated before us that she had gone to
Oman during school vacation to meet her relatives and spend some time
there. She returned back to the country on 27.05.2024. She states that
even prior to leaving the country she had informed the petitioner about
her travel plans. According to the 3rd respondent, it is by suppressing the
above facts that this writ petition is filed.
4. The petitioner objected to the assertions made by the 3rd
respondent.
5. We have considered the submissions advanced. We find
from the submissions that the minor children who are aged 9 and 4
respectively have always been with the mother. In the writ petition, the
petitioner contends that the whereabouts of the children are not known
since 28.4.2024. We find that the mother is a Doctor and she had briefly
gone to Oman for vacation. The mother has returned back with the
children. As the children are safely with the mother, we do not think that
the custody of the children are liable to be interfered in a petition of this
nature. It is for the petitioner to approach the jurisdictional Family court
and seek appropriate reliefs.
6. At this stage, learned counsel appearing for the petitioner
requested that the petitioner be permitted to have the company of his
children for a few hours. While dismissing this petition, we permit the
petitioner to have the company of the children till 12.30 pm today.
sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sd/-
P.M.MANOJ
JUDGE
das
APPENDIX OF WP(CRL.) 547/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PASSPORT OF ESHA ZIZI
SHAHZADI
Exhibit P2 TRUE COPY OF THE BIRTH CERTIFICATE OF
ELAF GHALIB SHAHZADA
Exhibit P3 TRUE COPY OF THE COMPLAINT LODGED WITH
THE SECOND RESPONDENT DATED 13.05.2024
Exhibit P4 TRUE COPY OF THE COMPLAINT LODGED WITH
THE 1ST RESPONDENT DATED 15.05.2024
