The Court held that as the child was removed by her mother due to apprehensions about safety, there is no case for illegal detention. The petition is closed, but the petitioner may visit the child subject to society rules.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE P.D.RAJAN
MONDAY, THE 23RD DAY OF SEPTEMBER 2013/1ST ASWINA, 1935
WP(Crl.).No. 414 of 2013 (S)
PETITIONER(S):
VILASINI AGED 46 YEARS
W/O. DASAN, VADAKKUMKARA PUTHENVEEDU, KUTTICHAL P O MANNOORKARA, THIRUVANANTHAPURAM
BY ADVS.SRI.T.A.UNNIKRISHNAN
SRI.P.BAJI RAVEENDRAN
RESPONDENT(S):
R1 BY DGP SRI.ASIF ALI
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 23-09-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & P.D.RAJAN, JJ.
W.P(Crl).No.414 of 2013
Dated this the 23rd day of September, 2013
JUDGMENT
Antony Dominic, J.
WPCR.414/13
2
produced by the learned Government Pleader show that according to the second respondent, she had information that Arya's continued stay in the petitioner's house was not in the welfare of the child and therefore, with the help of the third respondent, she took away Arya, her daughter, and accommodated her with the District Programme Co-ordinator, Kerala Mahila Samakya Society, Trivandrum where her elder child Amritha is already accommodated.
3.Admittedly, second respondent is the mother of the child. The father of the child is no more. Going by the materials available, it was because the second respondent had apprehensions about the safety of the child that she removed her from the custody of the petitioner. The child is now in the custody and care of the District Programme Co-ordinator, Kerala Mahila Samakya Society, Trivandrum. The facts being so, we are unable to infer a case of illegal detention of Arya in order to entertain a writ petition with a prayer for the issuance of a writ of habeas corpus.
WPCR.414/13
3
The writ petition is closed. We make it clear that subject to the rules of the society, it will be open to the petitioner to approach the District Programme Co-ordinator, Kerala Mahila Samakya Society, Trivandrum for visiting the child, in which case, the matter will be considered in accordance with law.
Sd/ANTONY DOMINIC, Judge.
Sd/-
P.D.RAJAN, Judge.
kkb.
1 issue framed by the court
Whether the removal of a minor child by their mother from the custody of the petitioner's mother constitutes illegal detention warranting a writ of habeas corpus.
VILASINI
SOBHA THOTTARIKATHUVEEDU
BEE
ANTONY DOMINIC
P.D.RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
