IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 236 of 2008(S)
1. SREEKALA, D/O.SATHIDEVI AMMA, AGED 33 YR
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. PRABHAKARAN PILLAI, S/O.KUNJAN PILLAI,
For Petitioner :SRI.K.S.MANU (PUNUKKONNOOR)
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :04/07/2008
O R D E R
P.R. RAMAN &
T.R. RAMACHANDRAN NAIR, JJ.
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W.P.(CRL) NO. 236 OF 2008
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DATED THIS, THE 4TH DAY OF JULY, 2008.
J U D G M E N T
Raman, J.
Petitioner alleges that her sister Sreelatha, who is a mentally retarded
person, is under the illegal custody of their father. It is alleged that the
petitioner’s father and mother are not on good terms and they are living
separately and that the alleged detenue was residing with the mother. It is
her further allegation that the father has forcefully taken Sreelatha from the
custody of her mother with the ulterior motive of snatching away the
properties belonging to her. If this allegation is true, the person aggrieved
would be the mother who had not however come to this Court with any
complaint. Admittedly, petitioner is a married daughter living away in her
matrimonial house. Sreelatha is alleged to be a mentally retarded person.
So if the petitioner thinks that a guardian is to be appointed to look after her
properties, there are other remedies available to her in law. No prima facie
case is made out that the custody of Sreelatha with the father is in any way
illegal.
In such circumstances, we decline to interfere.
Dismissed.
P.R. RAMAN,
(JUDGE)
T.R. RAMACHANDRAN NAIR,
(JUDGE)
knc/-