Anil Kumar vs The District Superintendent Of on 23 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl.).No. 359 of 2008(S)


1. ANIL KUMAR, S/O. RAJENDRAN,
                      ...  Petitioner

                        Vs



1. THE DISTRICT SUPERINTENDENT OF
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

3. ARUMUGHAN,

4. SMT. KAVITA,

                For Petitioner  :SRI.BECHU KURIAN THOMAS

                For Respondent  :SRI.V.V.RAJA

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :23/10/2008

 O R D E R
            KURIAN JOSEPH & K.T.SANKARAN, JJ.
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                  W.P.(Crl.) No.359 of 2008
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                  Dated 23rd October, 2008.
                          J U D G M E N T

Kurian Joseph, J.

The prayer is for a writ of habeas corpus for producing

the 4th respondent from the alleged illegal custody of the third

respondent. The 4th respondent is the wife of the petitioner and

the daughter of the third respondent. Pursuant to the notice

issued by this court, the third respondent, his wife, the 4th

respondent, the two children born in the 4th respondent to the

petitioner and the petitioner are present. We find that the parties

are already before the Family Court, Kollam in various litigations,

one for divorce, one for maintenance, one for custody of children

and one for restitution of conjugal rights. The 4th respondent

submits that she is not in the illegal custody of her parents, and

that she is with them on her own free will. It is also submitted

that owing to the matrimonial acrimony, she is not in a position to

live with the petitioner. It is further submitted that since the

matters are pending before the Family Court, this court may not

go into the various allegations raised by the parties. We find

force in the submissions. It is fairly clear that there is a

WP(Crl) NO.359/08 2

matrimonial dispute between the petitioner and the 4th

respondent and that dispute is now subject matter of various

litigations pending before the Family Court, Kollam. Now that we

are convinced that the 4th respondent is not illegally detained by

the third respondent or his wife (mother of the 4th respondent) or

anybody else, we dismiss the writ petition without prejudice to

the liberty to the parties to pursue the pending litigations before

the Family Court, Kollam.

KURIAN JOSEPH, JUDGE.

K.T.SANKARAN, JUDGE.

tgs

KURIAN JOSEPH &

K.T.SANKARAN, JJ

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W.P.(Crl.) No.359 of 2008

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J U D G M E N T

Dated 23rd October, 2008.