The High Court dismissed a writ of habeas corpus petition filed by the father of a minor girl alleging illegal custody by respondents residing in Karnataka. The Court held that since the parties are outside its territorial jurisdiction, it cannot issue the writ.
Writ of habeas corpus dismissed due to lack of territorial jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE 16TH DAY OF FEBRUARY 2017/27TH MAGHA, 1938 WP(Crl.).No. 42 of 2017 (S) ----------------------------
PETITIONERS:
1. ADARSH KUMAR C.D. AGED 44 YEARS, S/O. C.M DEVASSIA, CHAMAKKALAYIL, KALLEKKULAM, POONJAR SOUTH.P.O., KOTTAYAM DISTRICT 2. AMAL ADARSH. C/O.ADARSH KUMAR.C.D AGED 17 YEARS, S/O.DEVASSIA(MINOR REPRESENTED BY ITS GUARDIAN/FATHER ADARSH KUMARC.D) CHAMAKKALAYIL, KALLEKKULAM, POONJAR SOUTH.P.O., KOTTAYAM DISTRICT
BY ADV. SRI.C.K.RAMAKRISHNAN
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVT.SECRETARY, THIRUVANANTHAPURAM.
2. THE INSPECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM
3. THE DISTRICT SUPERINTENDENT OF POLICE KOTTAYAM
4. THE DEPUTY SUPERINTEDENT OF POLICE KOTTAYAM
5. SILVI.J. VADAKKEDAM, AYOORJEEVAN AYURVEDA HOSPITAL, KOHINOOR ROAD,
MADIKERI, COORGU DISTRICT, KARNATAKA STATE-570013
6. SOMI.J.VADAKKEDAM AYOORJEEVAN AYURVEDA HOSPITAL, KOHINOOR ROAD, MADIKKERI, COORGU DISTRICT, KARNATAKA STATE-570017
BY GOVERNMENT PLEADER SRI.K.B. RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 16-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 42 of 2017 (S) ----------------------------
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION DATED 4.2.2012 FILED BEFORE THE SUPERINTENDET OF POLICE, KOTTAYAM BY THE 1ST PETITIONER
EXHIBIT P2 TRUE COPY OF THE PETITION DATED 27.1.2012 FILED BEFORE THE SUPERINTENDENT OF POLICE, KOTTAYAM BY THE 2ND PETITIONER
EXHIBIT P3 TRUE COPY OF THE PETITION DATED 15.02.2012 FILED BEFORE CHILD LINE, KEEZHUKUNNU, KOTTAYAM BY THE 1ST PETITIONER
EXHIBIT P4 TRUE COPY OF THE PETITION DATED 19.8.2013 FILED BEFORE THE DEPUTY SUPDT.OF POLICE PALA, KOTAYAM BY THE 1ST PETITIONER
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 20.1.2017 BY THE 1ST PETITIONER BEFORE THE INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM
RESPONDENTS' EXHIBITS:NIL
/TRUE COPY/
P.S TO JUDGE
cl
A.M. SHAFFIQUE & K. RAMAKRISHNAN, JJ.
W.P.(Crl).No.42 of 2017
Dated this the 16th day of February, 2017.
JUDGMENT
A.M. Shaffique, J:
This writ of habeas corpus is filed alleging that the daughter of the first petitioner Anna, aged 8 years, is under the illegal custody of respondents 5 and 6.
The writ petition is therefore dismissed.
Sd/-
A.M. SHAFFIQUE, JUDGE.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl
2 issues framed by the court
Whether a writ of habeas corpus can be issued when the parties are outside the territorial jurisdiction of this Court.
Whether the presence of the child with the mother amounts to illegal detention.
Arsh Kumar C.D.
Amal Adarsh
State of Kerala
Silvi.J. Vadakkedam
Somi.J. Vadakkedam
A.M. Shaffique
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
