Writ petition for habeas corpus seeking release of petitioner's minor son from alleged illegal confinement by the mother and her accomplice. Upon hearing the child, the Court found he was happy with his mother and not confined illegally. Dismissed the petition, directing the petitioner to approach the Family Court for custody disputes.
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 RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY,THE4THDAYOFAPRIL2024/15THCHAITHRA,1946
WP(CRL.)NO.360OF2024
PETITIONER:
NUJOOMN,
AGED49YEARS
SONOFABUN.A,BISMIHOUSE,THAMMANAMP.O,
THRIPUNITHURAVILLAGE,KANAYANNOORTALUK,
ERNAKULAMDISTRICT,PIN-682032
BYADVS.
P.M.ZIRAJ
IRFANZIRAJ
RESPONDENTS:
1AKSHAYRAJAN
AGED35YEARS
SONOFRAJAN,GYMTRAINER,FITNESSFORLIFE,
CHALIKKAVATTOM,VYTTILA,ERNAKULAMDISTRICT,
PIN-682019
2RASIYA
AGED49YEARS
WIFEOFALIKUNJU,NADAPARAMBILHOUSE,METHALA
P.O.,KODUNGALLOOR,THRISSURDISTRICT,
PIN-683545
3SHERIN
DAUGHTEROFALIKUNJU,NADAPARAMBILHOUSE,METHALA
P.O.,KODUNGALLOOR,THRISSURDISTRICT,
PIN-683545
4INSPECTOROFPOLICE
PALARIVATTOMPOLICESTATION,ERNAKULAMDISTRICT,
PIN-682018
2
W.P.(Crl.) No.360 of 2024
5THECOMMISSIONEROFPOLICE
KOCHICITY,PARKVIEW,MARINEDRIVE,ERNAKULAM,
PIN-682011
OTHERPRESENT:
SRI SAIGI JACOB PALATTY, SR. GP.
THISWRITPETITION(CRIMINAL)HAVINGCOMEUPFOR
ADMISSIONON04.04.2024,THECOURTONTHESAMEDAY
DELIVEREDTHEFOLLOWING:
3
W.P.(Crl.) No.360 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner states that he is a Non-Resident Indian presently working in Saudi Arabia. The 3rd respondent is the wife of the petitioner. They have a child who is now 9 years of age. This Writ Petition is filed seeking issuance of Writ of Habeas Corpus to produce the body of the petitioner’s minor child and to set him free.
The 2nd respondent is the mother of the 3rd respondent. Both the petitioner and the 3rd respondent have children out of their earlier marriage and they were all residing in the house of the petitioner at Ernakulam. It is stated that the father of the 3rd respondent has sexually abused the child of the petitioner from the earlier marriage and based on information furnished by the child, a crime has been registered. The 3rd respondent has also been arrayed as an accused in the said crime. It is stated that the 3rd respondent is having an extramarital affair with the 1st respondent who is a Gym-trainer. According to the petitioner, the father of the 3rd respondent was arrested and he was remanded. He states that fearing the well-being of the child, the
4
W.P.(Crl.) No.360 of 2024
petitioner came back to India and found that his minor son is missing. He states that the 1st respondent has contacted the petitioner and has informed him that the son of the petitioner is in his custody and he would be released only if the case against the father of the 3rd respondent is withdrawn. The petitioner states that his son is under illegal confinement and it is on these assertions that this petition is filed.
respondent. The petitioner was represented by his power of attorney holder.
5
W.P.(Crl.) No.360 of 2024
hand, the petitioner alleges that his minor son is kept captive by the 1st respondent. The minor son has appeared along with his mother and we are convinced that he is not under illegal confinement. If the petitioner wants custody or guardianship of the child, it is for him to approach the learned Family Court and seek appropriate reliefs.
This Writ Petition (Crl.) is dismissed.
sd/-
RAJA VIJAYARAGHAVAN V JUDGE
sd/- P.M.MANOJ JUDGE
DCS
6
W.P.(Crl.) No.360 of 2024
APPENDIX OF WP(CRL.) 360/2024
PETITIONEREXHIBITS
ExhibitP1TRUECOPYOFTHECOMPLAINTSUBMITTEDBYTHE
PETITIONERBEFORETHE4THRESPONDENTWITH
COPYTO5THRESPONDENT
2 issues framed by the court
Whether the minor child is detained against his wish or under illegal confinement warranting writ of habeas corpus?
Whether the petitioner is entitled to custody of the minor through writ jurisdiction or must approach Family Court?
Nujoomn
Akshay Rajan
Rasiya
Sherin
Inspector of Police Palarivattom
Commissioner of Police Kochi City
Raja Vijayaraghavan V
P.M.Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court