Simi John v. Superintendent Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 28TH DAY OF APRIL 2015/8TH VAISAKHA, 1937 WP(Crl.).No. 175 of 2015 (S) ----------------------------- PETITIONER:
---------- SIMI JOHN AGED 34 YEARS D/O.JOHN, CHAKKALAKUNNEL HOUSE CHANGALEERI P.OMANNARKKAD TALUK, PALAKKAD DISTRICT PIN - 678 762.
BY ADV. SMT.J.SHEEBA MARIAM RESPONDENTS:
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1. SUPERINTENDENT OF POLICE OFFICE OF SUPERINTENDENT OF POLICE ERNAKULAM DISTRICT - 683 101.
2. SUB INSPECTOR OF POLICE POTHANIKKAD POLICE STATION - 686 671.
3. BENNY PHILIP, AGED 36 YEARS S/O.PHILIP, KANDOTH HOUSE, VARAPETTY ANCHALPETTY, ELANELLOOR POST, MUVATTUPUZHA ERNAKULAMDISTRICT, PIN - 686 673.
BY SRI.P.P.PADMA THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 175 of 2015 (S) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXT.P-1: TRUE COPY OF COMPLAINT DTD 22.4.2015 SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE, POTHANIKKAD POLICE STATION. RESPONDENT(S)' EXHIBITS ----------------------- NIL (SD/-) TRUE PA TO JUDGE
A.M.SHAFFIQUE, J & P.V.ASHA, J * * * * * * * * * * * * W.P.(Crl) No.175 of 2015 ---------------------------------------- Dated this the 28th day of April 2015
J U D G M E N T
Shaffique,J This writ petition is filed seeking for a writ of habeas corpus to produce Kevin Benny and Kenz Benny, minor children of the petitioner. It is submitted that the petitioner is the wife of the third respondent and detenues are her children. A matrimonial dispute is pending before the Family Court, Ottappalam as O.P.No.789/2013 which was transferred to the Family Court, Ernakulam and renumbered as O.P.No.2009/2014. According to the petitioner, she came back to her native place to see her children. Family Court, Ernakulam issued an order in I.A.No.979/2015 directing the 3rd respondent to produce the children on 01/05/2015. The 3rd respondent did not produce the children and filed O.P (FC) No.135/2015 before this Court where the matter has been stayed. Under such circumstances, this writ petition
has been filed.
2.
In so far as the issue regarding custody of the children is pending before the Family Court, Ernakulam in O.P.No.2009/2014 and this Court, remedy of the petitioner is to approach the appropriate court and seek necessary direction. This Court cannot interfere in a writ of habeas corpus and direct production of the children when apparently the children are in the custody of the 3rd respondent, their father.
The writ petition is dismissed.
(A.M.SHAFFIQUE, JUDGE) (P.V.ASHA, JUDGE) jsr