the 2nd petitioner, and matrimonial disputes are pending between them. 1st petitioner is the father of the 2nd petitioner. There was dispute regarding custody of the children, and the Family Court, Thrissur granted custody of the children to the son of the de facto complainant. As per that order, on 25.09.2021 at 11 a.m, the de facto complainant took custody of the children from the premises of Family Court, Thrissur, and then the petitioners attacked her and tried to kidnap the children. The de facto complainant belongs to Scheduled Caste and the petitioners belong to Hindu Ezhava. Even if the petitioners tried to take the children from the custody of the de facto complainant, it could not be termed as an attempt of kidnapping. The 2nd petitioner is the mother of the children and 1st petitioner is the maternal grand father. The children were with the petitioners, and as per the court order, they were handed over to the de facto complainant. If the petitioners tried to take back the children, then also, it will not come under the definition of abduction or kidnapping. In fact it was the petitioners who produced the children before Family Court to hand over the children to the de facto complainant.
