Manish Philip Vs. Sub Inspector of Police, Mannar Police Station

Manish Philip vs Sub Inspector of Police, Mannar Police Station

Type Court Judgment Court Kerala Decided Feb 18, 2014

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https://sooperkanoon.com/case/1128434

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Citation: sooperkanoon.com/1128434
Court: Kerala High Court
Judge: Honourable Mr.Justice Antony Dominic
Decided On: Feb 18, 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Manish Philip

Respondent

Sub Inspector of Police, Mannar Police Station

Excerpt

.....daughter of the second respondent on 12/7/2010. in their wedlock a male child was born on 17/5/2011. couple were in bahrin and according to the petitioner, in december, 2012 they came back to india. it is this case that thereafter leaving him and the male child in india his wife went back to bahrin.2. pleadings also show that his wife filed o.p.(g&w) no.617 of 2013 before the family court, mavelikkara for the custody of the child. suffice it to say, that the original petition was decreed exparte by ext.p2 order. petitioner says that on coming to know of ext.p2, he filed ext.p3 application to set aside ext.p2 and also ext.p4, objection to ext.p1 application. it is stated that in the meanwhile on 10/1/2013, with the assistance of the police, his wife took the child from his custody by force. pleadings show that ext.p3 application filed w.p.(crl.)no.74 of 2014 2 by the petitioner was posted to 17/2/2014 and that in the meanwhile his wife has gone back to bahrin leaving the child in the custody of the second respondent. it is in these circumstances he filed the writ petition seeking the issue of writ of habeas corpus alleging that the child is in illegal custody.3. custody of the child either that of his wife or that of second respondent is on the strength of ext.p2, exparte decree passed by family court in o.p.(g&w).no.617/2013. such custody cannot be said to be an illegal detention and on the other hand, if the petitioner seeks any variation of ext.p2 decree or its setting aside, the forum for the petitioner to seek such remedy is the family court itself. we are not persuaded to entertain this writ petition. the writ petition is therefore dismissed. antony dominic, judge anil k.narendran, judge skj

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE18H DAY OF FEBRUARY201429TH MAGHA, 1935 WP(Crl.).No. 74 of 2014 (S) ---------------------------- PETITIONER : ----------- MANISH PHILIP, S/O.K.P.VARGHESE, MATTACKAL PUTHENVEEDU, ERAMATTOOR P.O., MANNAR, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEESH KUMAR RESPONDENTS: ---------------------------- 1.ALAPPUZHA SUB INSPECTOR OF POLICE, MANNAR POLICE STATION, DISTRICT - 689 622. 2.MOORTHITTA MERCY MATHEW, W/O.K.J.MATHEW, MATHEW VILLA, PAVUKKARA.P.O., MANNAR, ALAPPUZHA DISTRICT, 689 622. R1 BY ADGP SRI.TOM JOSE PADINJAREKARA THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON1802-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 74 of 2014 (S) ----------------------- APPENDIX PETITIONER'S EXHIBITS :- --------------------- EXT.P1 - TRUE COPY OF THE PETITION NAMELY OP(G&W)NO.617/2013. EXT.P2 - TRUE COPY OF THE JUDGMENT

DATED1010-2013 IN OP(G&W) NO.617/2013. EXT.P3 - TRUE COPY OF THE AFFIDAVIT & PETITION IN IA NO.237/2013 DATED2410-2013. EXT.P4 - TRUE COPY OF THE OBJECTION DATED2410-2013. EXT.P5 - TRUE COPY OF THE JUDGMENT

DATED1301-2014 IN OP(FC) 19/2014. EXT.P6 - TRUE COPY OF THE COMPLAINT AND RECEIPT DATED0802-2014. RESPONDENTS' EXHIBITS : ---------------------- NIL. True copy P.A. To Judge ANTONY DOMINIC & ANIL K.NARENDRAN, JJ.

-------------------------------------------------------------------- W.P.(Crl.)No.74 of 2014 -------------------------------------------------------------------- Dated this the 18th day of February, 2014 JUDGMENT

ANTONY DOMINIC, J.

The petitioner claims to have married the daughter of the second respondent on 12/7/2010. In their wedlock a male child was born on 17/5/2011. Couple were in Bahrin and according to the petitioner, in December, 2012 they came back to India. It is this case that thereafter leaving him and the male child in India his wife went back to Bahrin.

2. Pleadings also show that his wife filed O.P.(G&W) No.617 of 2013 before the Family Court, Mavelikkara for the custody of the child. Suffice it to say, that the Original Petition was decreed exparte by Ext.P2 order. Petitioner says that on coming to know of Ext.P2, he filed Ext.P3 application to set aside Ext.P2 and also Ext.P4, objection to Ext.P1 application. It is stated that in the meanwhile on 10/1/2013, with the assistance of the police, his wife took the child from his custody by force. Pleadings show that Ext.P3 application filed W.P.(Crl.)No.74 of 2014 2 by the petitioner was posted to 17/2/2014 and that in the meanwhile his wife has gone back to Bahrin leaving the child in the custody of the second respondent. It is in these circumstances he filed the Writ Petition seeking the issue of writ of habeas corpus alleging that the child is in illegal custody.

3. Custody of the child either that of his wife or that of second respondent is on the strength of Ext.P2, exparte decree passed by Family Court in O.P.(G&W).No.617/2013. Such custody cannot be said to be an illegal detention and on the other hand, if the petitioner seeks any variation of Ext.P2 decree or its setting aside, the forum for the petitioner to seek such remedy is the Family Court itself. We are not persuaded to entertain this Writ Petition. The Writ Petition is therefore dismissed. ANTONY DOMINIC, JUDGE ANIL K.NARENDRAN, JUDGE skj

Same Court & Year Kerala · 2014 Same Parties Manish Philip vs Sub Inspector of Police, Mannar Police Station Same Subject Education Same Judge Honourable Mr.Justice Antony Dominic