IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 548 of 2009(S)
1. SHAJI, AGED 40 YEARS, S/O.C.J.DANIAL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE SUPERINTENDENT OF POLICE,
3. THE CIRCLE INSPECTOR OF POLICE,
4. THE STATION HOUSE OFFICER,
5. SHYJU, C/O.A.J.JOSEPH,
6. SIBI, C/O.A.J.JOSEPH,
7. JOE, C/O.A.J.JOSEPH, PARAYKAL HOUSE,
For Petitioner :SRI.SANTHAN V.NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :05/01/2010
O R D E R
K.M.JOSEPH & P.Q.BARKATH ALI, JJ.
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WP.(Crl.) No.548 of 2009-S
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Dated, this the 5th day of January, 2010
J U D G M E N T
K.M.Joseph, J.
This writ petition is filed seeking a writ of Habeas
Corpus directing the respondents to produce the body of the
petitioner’s wife and children.
2. The alleged detenues were produced before us.
They are the wife and children of the petitioner. We interacted
with them. It is submitted by the wife of the petitioner that
she and her children are not under the illegal custody of
respondents 5 to 7. According to her, she has filed an
application for dissolution of the marriage in the Family Court,
Ettumanoor. In such circumstances, we do not think that we
need permit the petitioner to pursue with this petition. The
writ petition is accordingly dismissed. But, we make it clear
that this will be without prejudice to the right available to the
petitioner in law including the right to seek custody of the
children before appropriate forum.
(K.M.JOSEPH)
JUDGE.
(P.Q.BARKATH ALI)
JUDGE.
MS