IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 163 of 2008(S)
1. SANKARI SASIDHARAN @ SALINI,
... Petitioner
Vs
1. THE DIRECTOR GENERAL OF POLICE,
... Respondent
2. THE CITY POLICE COMMISSIONER,
3. DEPUTY SUPERINTENDENT OF POLICE,
4. THE SUB INSPECTOR OF POLICE,
5. SANTHOSH KUMAR, S/O.VASU, B.7, ALSA
6. SURESH, B.7, ALSA APARTMENTS,
7. OMANA, W/O.VASU, B.7, ALSA APARTMENTS,
8. VALSALA, W/O.SURESH, B.7,
For Petitioner :SRI.C.RAJENDRAN
For Respondent :SRI.D.KISHORE
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :12/06/2008
O R D E R
P.R.RAMAN &
T.R.RAMACHANDRAN NAIR,JJ.
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W.P.(Crl)NO.163 OF 2008
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Dated this the 12th day of June, 2008
JUDGMENT
Raman, J.
This is a petition for habeas corpus filed by the mother of the
alleged detenu. It is alleged that the father of the child has taken the
child and kept under his illegal custody. The child was produced and
this Court passed an order on 29/5/2008 to give temporary custody of
the child to the petitioner-mother.
2. We have heard both sides.
3. Since the child is only 10 months old, necessarily the child is
to be with the mother for the time being and therefore we have already
given temporary custody of the child to the mother. However, that
does not mean that the 5th respondent-father is to be denied visitorial
rights and also future custody of the child in changed circumstances.
Therefore, we make it clear that the order giving the child in the
custody of the mother is purely provisional and it is open to the parties
to approach the Family Court for appropriate relief in which event the
Family Court will consider the matter in the light of the materials
-2-
WP(Crl).No.163/2008
available on record and pass appropriate orders.
Writ Petition is closed.
P.R.RAMAN,
Judge.
T.R.RAMACHANDRAN NAIR,
Judge.
kcv.