IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 258 of 2008(S)
1. MATHEW THOMAS, S/O.V.T.MATHEW, AGED 41
... Petitioner
Vs
1. SECRETARY TO GOVT. OF INDIA, MINISTRY
... Respondent
2. THE COUNSEL GENERAL OF INDIA,
3. THE HIGH COMMISSIONER OF INDIA,
4. SUPERINTENDENT OF POLICE, THRISSUR-03.
5. DEPUTY SUPERINTENDENT OF POLICE,
6. SHEEJA @ SHEEJA VARGHESE INCHODY,
7. VARGHESE, S/O.JOSEPH, INCHODY HOUSE,
8. TRESA VARGHESE, W/O.VARGHESE, INCHODY
9. SUB INSPECTOR, PEECHI POLICE STATION,
10. REGIONAL PASSPORT OFFICER, ERNAKULAM.
For Petitioner :SRI.SHOBY K.FRANCIS
For Respondent :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :22/07/2008
O R D E R
P.R. RAMAN &
T.R. RAMACHANDRAN NAIR, JJ.
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W.P.(CRL) NO. 258/2008
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DATED THIS, THE 22ND DAY OF JULY, 2008.
J U D G M E N T
Raman, J.
This writ petition is filed for issuance of a writ of habeas corpus
directing Respondents 1 to 4, 9 and 10 to search and produce petitioner’s
minor son Joel Thomas before this Court. Admittedly, petitioner’s marriage
with the 6th respondent got strained. The custody of his minor son Joel
Thomas is pending consideration before the Family Court, Thrissur. The
Family Court gave interim custody of the child to the petitioner which was
challenged by the 6th respondent mother before this Court by filing W.P.
(C) 16440/2005 and as per judgment dated 23.6.2005, the order of the
Family court giving interim custody of the child to the petitioner was set
aside and the custody of the child was given to the mother. It is stated that
pursuant to Ext.P2 judgment, the main matter was closed thereby giving
permanent custody of the child to the 6th respondent mother. If so, custody
of the child with the mother cannot be said to be in any way, illegal. So
long as Ext.P2 stands, no relief as sought for in the writ petition can be
WP(CRL) 258/2008 :2:
granted.
If the petitioner is aggrieved by any order of the Family Court or this
Court, he can work out his remedies in accordance with law. Leaving open
such right of the petitioner, this writ petition is closed.
P.R. RAMAN,
(JUDGE)
T.R. RAMACHANDRAN NAIR,
(JUDGE)
knc/-