Petitioner filed a habeas corpus petition alleging illegal custody of his minor daughter by respondents. Court noted the divorce agreement where petitioner waived custody rights. Dismissed petition as allegations lacked bona fides.
The writ petition is dismissed; no direction to produce the child is granted.
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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. 52 of 2017 () ---------------------------
PETITIONER:
LIJU D.JOHN 37 YEARS S/O. DANIEL, LINI NIVAS, NALLILA PO., KOLLAM PIN-691515.
BY ADVS.SRI.NOBEL RAJU SRI.NIKHIL.A.AZEEZ
RESPONDENTS:
1. THE DISTRICT POLICE CHIEF, OFFICE OF THE DCP, PATHANAMTHITTA PIN-689645
2. THE SUB INSPECTOR OF POLICE, RANNI, PATHANAMTHITTA, DISTRICT PIN-689645
3. SANDHYA DAS, PARACKAL VEEDU, EEETTICHUVADAU PO., RANNI PATHANAMTHITTA
4. LENIN.S
5. SUMESH @ ANIL RANNI, AUTO DRIVER USING MOBIL NUMBER 9656140831
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. 52 of 2017 ()
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1: A TRUE COPY OF THE COMPLAINT DATED 25.1.2017 TO THE 1ST RESPONDENT
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P.S TO JUDGE
cl
A.M. SHAFFIQUE & K. RAMAKRISHNAN, JJ.
W.P.(Crl.).No.52 of 2017
Dated this the 16th day of February, 2017.
JUDGMENT
A.M. Shaffique, J:
This writ of habeas corpus petition has been filed by the petitioner interalia contending that the child Liya Liju is under the illegal custody of respondents 3 to 5.
W.P.(Crl.).No.52 of 2017 2
her mother and the child had gone to Mangalore and the child is given proper eduction. Right now, necessary tuition had been arranged and admission will be obtained for the child during the next academic year.
Having regard to the aforesaid fact situation, we do not think that any direction as sought for can be granted. This writ petition is dismissed.
Sd/-
A.M. SHAFFIQUE, JUDGE.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl
2 issues framed by the court
Whether a habeas corpus petition can be granted when the parties have agreed in a divorce settlement that the petitioner shall not claim custody of the child.
Whether the allegations of illegal custody by the petitioner are bona fides given his agreement to forgo custody rights.
Liju D. John
District Police Chief
Sub Inspector of Police, Ranni
Sandhya Das
Lenin S
Sumesh @ Anil
A.M. Shaffique
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
