Petitioner filed a habeas corpus writ seeking production of wife and minor children allegedly detained by wife's parents. Court found no illegal detention as wife left marital home voluntarily with parents due to harassment. Writ dismissed.
Writ of habeas corpus dismissed; petitioner advised to approach appropriate forum for custody.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
WP(CRL.) NO. 237 OF 2021
PETITIONER:
SHAJI. S
AGED 47 YEARS S/O. SAWAD KUTTI, CHEMPISSERIL KIZHAKKETHIL HOUSE, KAYAMKULAM P.O., ALAPPUZHA DISTRICT, KERALA, PIN CODE690 502.
BY ADV SRI. ARUN CHANDRAN
RESPONDENTS:
F/O. RAZEENA A., THAIKKAPPARAMP THEKKETHUNDU HOUSE, AADIKKATTUKULANGARA, P.O, NOORANADU, ALAPPUZHA DISTRICT, PIN CODE-690504.
M/O. RAZEENA A., THAIKKAPPARAMP THEKKETHUNDU HOUSE, AADIKKATTUKULANGARA P.O., NOORANADU, ALAPPUZHA DISTRICT-690 504.
WP(Crl.)No.237 of 2021 - 2 -
6 SHAJAHAN ASSISTANT SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT, PIN CODE-690 502.
OTHER PRESENT:
SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(Crl.)No.237 of 2021
K.Vinod Chandran & C.Jayachandran, JJ.
-----------------------------------WP(Crl.) No.237 of 2021-S -----------------------------------Dated, this the 20th October 2021
JUDGMENT
Vinod Chandran,J.
The petitioner has filed the writ petition (Crl) seeking a writ of habeas corpus for the production of his two minor children and their mother who is said to be in the illegal custody of respondents 1 and 2. Respondents 1 and 2 are the parents of the wife of the petitioner. The petitioner in the writ petition claims that his wife suffers 85% hearing impairment and also has intellectual disability. It is alleged that after the birth of the two children the respondents 1 and 2 have been trying desperately to separate the petitioner from his wife. The petitioner also alleges that the respondents 1 and 2 with the help of goondas forcefully took his wife and children away, after manhandling himself and his physically challenged sister.
2. We directed the learned Senior Government Pleader to get a statement of the alleged detenue. The learned Senior Government Pleader has produced the statement of the alleged
WP(Crl.)No.237 of 2021
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detenue recorded by the 4th respondent along with a memo. The statement discloses quite contrary facts as alleged by the wife of the petitioner. She admits her hearing impairment but does not speak of any other disability. According to her the entire financial assistance extended to her at the time of marriage has been frittered away by the petitioner. The petitioner also sought for further financial help by selling off her parental residence. It is categorically stated that on her request, her parents had taken her and the minor children to their residence. She also speaks of a complaint registered under S.498 IPC as crime No. 410/2021 before the Kareelakulangara Police Station. She asserts that she has not
been coerced or threatened and that it is due to the continued harassment, both physical and mental, at her marital home that she resumed the residence with her parents along with the minor children. Her decision is also to further reside with her parents.
3. We find no reason to issue a writ of habeas corpus since there is no illegal detention. The wife of the petitioner has willingly walked out of her marital home and is now residing with her parents on her free will. The children born in the wedlock are also with their mother. We dismiss the writ petition but however leaving remedy to the
WP(Crl.)No.237 of 2021
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petitioner to agitate his cause for custody of the children before the appropriate forum; which obviously the mother would be entitled to contest and defend.
The writ petition(Crl) stands dismissed.
Sd/K. Vinod Chandran Judge
Sd/C.Jayachandran Judge
jma/-
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APPENDIX OF WP(CRL.) 237/2021
| PETITIONER EXHIBITS Exhibit P1 |
TRUE COPY OF CERT RESPONDENT ISSUED GOVERNMENT TALUK 18(1) OF RIGHTS O 2016. |
IFICATE OF DISABILITY OF THE IST BY THE SUPERINTENDENT OF HOSPITAL, KAYAMKULAM AS PER RULE F PERSONS WITH DISABILITIES ACT, |
|---|---|---|
| Exhibit P2 | TRUE COPY OF M.C. CLASS JUDICIAL MA |
NO.137/2019 ON THE FILES OF IST GISTRATE COURT, KAYAMKULAM. |
| Exhibit P3 | TRUE COPY OF THE PETITIONER IN M.C |
REPLY STATEMENT FILED BY .NO.137/2019. |
| Exhibit P4 | TRUE COPY OF THE SUBMITTED BY THE INSPECTOR OF POLI |
COMPLAINT DATED 23.7.2021 PETITIONER TO THE CIRCLE CE, KAYAMKULAM POLICE STATION. |
| Exhibit P5 | TRUE COPY OF THE PETITION NO.90085 FROM THE KAYAMKUL |
ACKNOWLEDGEMENT RECEIPT WITH /2021 DATED 23.7.2021 ISSUED AM POLICE STATION. |
| Exhibit P6 | TRUE COPY OF THE SUBMITTED BY THE PASSPORT OFFICE, |
COMPLAINT DATED 28.7.201, PETITIONER TO THE REGIONAL PANAMPILLY NAGAR, KOCHI. |
| Exhibit P7 | TRUE COPY OF THE SUBMITTED BY THE PASSPORT OFICER, |
COMPLAINT DATED 10.8.2021 PETITIONER TO THE REGIONAL PANAMPILLY NAGAR, KOCHI. |
| Exhibit P8 | TRUE COPY OF THE SUBMITTED BY THE OFFICER, NOORANAD |
COMPLAINT DATED 15.8.2021 PETITIONER TO THE STATION HOUSE U POLICE STATION. |
| Exhibit P9 | TRUE COPY OF THE PETITION NO.10455 FROM THE NOORANAD |
ACKNOWLEDGEMENT RECEIPT WITH 6/2021 DATED 17.8.2021 ISSUED U POLICE STATION. |
| Exhibit P10 | TRUE COPY OF THE SUBMITTED BY THE RESPONDENT. |
COMPLAINT DATED 20.9.2021 PETITIONER TO THE 3RD |
| Exhibit P11 | TRUE COPY OF THE SUBMITTED BY THE CHIEF. |
COMPLAINT DATED 20.9.2021 PETITIONER TO THE STATE POLICE |
| Exhibit P12 | TRUE COY OF THE C SUBMITTED BY THE PROTECTION OF CHI |
OMPLAINT DATED 20.9.2021 PETITIONER TO THE COMMISSION FOR LD RIGHTS. |
| Exhibit P13 | TRUE COPY OF THE SUBMITTED BY THE MINISTER. |
COMPLAINT DATED 20.9.2021 PETITIONER TO THE HON'BLE CHIEF |
2 issues framed by the court
Whether there is illegal detention of the wife and minor children justifying a writ of habeas corpus.
Whether the wife leaving marital home and residing with parents amounts to illegal custody by her parents.
2 provisions across 2 enactments
SHAJI. S
AMEER KANNU
RABIA
THE DISTRICT POLICE CHIEF ALAPPUZHA DISTRICT
THE STATION HOUSE OFFICER NOORANADU POLICE STATION
THE STATION HOUSE OFFICER KAYAMKULAM POLICE STATION
K. VINOD CHANDRAN
C. JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
