V.Txavier v. State of Kerala
Case brief
What is this about?
The High Court declined to entertain a writ of habeas corpus seeking production of children, observing that remedies lie in Family Court for custody and elsewhere for harassment allegations.
What did the court decide?
Prayer for issuance of writ of habeas corpus declined; writ petition dismissed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE
&
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
TUESDAY, THE 6TH DAY OF NOVEMBER 2012/15TH KARTHIKA 1934
WP(Crl.).No. 552 of 2012 (S)
PETITIONER:
V.T.XAVIER,
AGED 52 YEARS, S/O. LATE THOMAS, VELUTHEDATH HOUSE V.A.T ROAD, EDAKOCHI, KOCHI-10.
BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM)
RESPONDENTS:
- STATE OF KERALA
Issues for consideration
2 issues framed by the court
Whether a prayer for habeas corpus to produce children in alleged illegal custody is maintainable when one respondent is the mother.
Whether a complaint of police harassment is the correct topic for a writ of habeas corpus.
Parties & counsel
- petitioner
V.T.XAVIER
- respondent
STATE OF KERALA
- respondent
SUB INSPECTOR OF POLICE
- respondent
JEEMON AUGUSTINE
- respondent
SMT.ANNIE
Case details
As recorded by the court registry
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