IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20014 of 2009(V)
1. BETTY VARGHESE,AGED 32,S/O.VARGHESE,
... Petitioner
2. LINSON BETTY AGED 13,
3. LISON BETTY, AGED 10,S/O.BETTY VARGHEESE
Vs
1. SUB INSPECTOR OF POLICE, KOTTARAKKARA
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
3. GIRIJA, AGED 33,W/O. SURESH, R/AT
4. SURESH,AGED 37, FATHER'S NAME IS
For Petitioner :SMT.T.S.MAYA (THIYADIL)
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :16/07/2009
O R D E R
P.R.RAMAN & P.BHAVADASAN, JJ.
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W.P.(C) No. 20014 of 2009
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Dated this the 16th July, 2009
J U D G M E N T
Raman, J.
First petitioner, who is a business man, is the
father of petitioners 2 and 3. This writ petition is filed
complaining police harassment. On going through the pleading,
we could understand that the first petitioner and his wife are not
in good terms. They were living separate. The children were
with the mother. Thereafter, the mother went abroad leaving the
children under the custody of her relatives who are respondents 3
and 4. It is alleged that respondents 3 and 4 ill-treating the
children. Therefore, the petitioner has taken the custody of the
children by himself without approaching any court of law.
2. The learned Government Pleader rightly pointed
out that in such circumstances, if a complaint is received from
respondents 3 and 4, the police has to investigate and it cannot
be treated as harassment. Admittedly, there was a maintenance
W.P.(C) No.20014/2009
2
case filed before the Family Court and maintenance was awarded
to the children.
3. Whether or not the petitioner is entitled to the
custody of the children is not a matter which could be decided in
this writ petition. However, if the petitioner is able to establish
his right to have the children, there cannot be any criminal case
against him, but whether or not in the factual situation, the
petitioner has taken the children forcefully, is a matter for
investigation by the police. Therefore, the petitioner can explain
his stand before the police, whereupon the police will consider all
the aspects of the matter and proceed in accordance with law.
In such circumstances, we do not find any
harassment as alleged by the petitioners. Accordingly, the writ
petition is dismissed.
P.R.RAMAN, JUDGE
P.BHAVADASAN , JUDGE.
nj.