Ratheesh Bhadran. vs State of Kerala

Type Court Judgment Court Kerala Decided May 26, 2023

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Citation: sooperkanoon.com/1362286
Court: Kerala High Court
Judge: Honourable Mr. Justice P.B.Suresh Kumar,Honourable Mrs. Justice C.S. Sudha
Decided On: May 26, 2023
Case Number: WP(Crl.)/496/2023

Parties & Advocates

Appellant / Petitioner

Ratheesh Bhadran.

Respondent

State of Kerala

Excerpt

.....directing respondents 1 to 3 to produce the alleged detenu, namely, vignesh rathesh, the minor son of the petitioner, being kept in the illegal detention and custody of respondents 4 and 5; to set him at liberty and to hand over the custody of the child to the petitioner.2. sri.alex m.thombra, the learned senior public prosecutor takes notice for respondents 1 to 3.3. heard both sides.4. from the averments in the writ petition, it is clear that it is a caseof dispute relating to the custody of the minor child of the petitioner. the matrimonial dispute between the petitioner and his wife seems to have resulted in the present state of affairs. if the petitioner is in any way aggrieved by the fact that his minor son is in the custody of his in-laws, who are refusing to handover the child, then his remedy is to approach the family court concerned and to obtain appropriate orders relating to the custody of his minor child. on the other hand, if his case is that the minor child was forcibly taken away from by his in-laws, he needs to initiate appropriate proceedings against the latter. this is not a case in which a writ of habeas corpus needs to be issued. hence, we are not inclined to grant the relief prayed for. in the result, the writ petition is dismissed. sd/- p.b. suresh kumar judge sd/- c.s.sudha judge jms/26.05 appendix of wp(crl.) 496/2023 petitioner exhibits exhibit- p1 a true copy of the certificate of marriage dated 13/3/2023 exhibit- p2 true copy of the birth certificate of the male child named vignesh ratheesh dated

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR & THE HONOURABLE MRS. JUSTICE C.S. SUDHA FRIDAY, THE 26TH DAY OF MAY 2023 / 5TH JYAISHTA, 1945 WP(CRL.) NO. 496 OF 2023 PETITIONER: RATHEESH BHADRAN. AGED 40 YEARS S/O BHADRAN, VELUTHERIYIL, ULAVAKKADU,NOORANAD P.O, ALAPPUZHA., PIN - 690504 BY ADVS. BHARATH V GOPAL THEJAN RAJ RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY (HOME DEPARTMENT), SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT POLICE CHIEF OFFICE OF COMMISSIONER OF POLICE IDUKKI, PIN - 685603 3 THE STATION HOUSE OFFICER PERVANTHANAM POLICE STATION 35TH MILE PERUVANTHANA IDUKKI, PIN - 685532 4 PRAMEELA AGED 58 YEARS W/O RAVEENDRAN RESIDING AT KARIPPAKKALLIL WIMBLEY, KOKKYAR.IDUKKI , PIN - 686514 5 RAVEENDRAN AGED 62 YEARS RESIDING AT KARIPPAKKALLIL WIMBLEY, KOKKYAR.IDUKKI, PIN - 686514 BY ADV GOVERNMENT PLEADER Sri.Alex M. Thombra, Sr.P.P.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 26.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.B.SURESH KUMAR & C.S.SUDHA, JJ. ------------------------------------------------------ ----------------------------------------------------- Dated this the 26th day of May, 2023

JUDGMENT

C.S.Sudha, J.

The petitioner's marriage with Rekha Raveendran was solemnised on 14/11/2013 in accordance with the rites and customs of the community to which they belong. In the wedlock, two children were born. The petitioner's wife is presently working at Doha. When she left for her place of employment, she had left her children with the petitioner. Differences of opinion arose between the parties resulting in the matrimonial relationship being irreparably broken. Their relationship is presently on the verge of separation and divorce. 1.1. During the summer vacation, the elder child, namely, Vignesh Ratheesh, aged 9 years, was requested to be taken to the residence of the petitioner's wife. Accordingly, on 04/04/2023, he went to the residence of the 4th and 5th respondents, the parents of his wife along with his minor children and resided there for a few days. At the request of respondents 4 and 5 the petitioner had left his son with respondents 4 and 5 to enable the child to spend a few more days with his grand parents staying at Idukki. Now at the instigation of the petitioner's wife, the 4th and 5th respondents are refusing to hand over the custody of the petitioner's son to him. The child is being kept in their illegal custody. Several attempts made by the petitioner to contact the 4 th and 5th respondents have turned futile. Though the petitioner preferred a complaint to the 3rd respondent, no action is being taken. Hence the present petition seeking a writ of habeas corpus for directing respondents 1 to 3 to produce the alleged detenu, namely, Vignesh Rathesh, the minor son of the petitioner, being kept in the illegal detention and custody of respondents 4 and 5; to set him at liberty and to hand over the custody of the child to the petitioner.

2. Sri.Alex M.Thombra, the learned Senior Public Prosecutor takes notice for respondents 1 to 3.

3. Heard both sides.

4. From the averments in the writ petition, it is clear that it is a case

of dispute relating to the custody of the minor child of the petitioner. The matrimonial dispute between the petitioner and his wife seems to have resulted in the present state of affairs. If the petitioner is in any way aggrieved by the fact that his minor son is in the custody of his in-laws, who are refusing to handover the child, then his remedy is to approach the family court concerned and to obtain appropriate orders relating to the custody of his minor child. On the other hand, if his case is that the minor child was forcibly taken away from by his in-laws, he needs to initiate appropriate proceedings against the latter. This is not a case in which a writ of habeas corpus needs to be issued. Hence, we are not inclined to grant the relief prayed for. In the result, the writ petition is dismissed. Sd/- P.B. SURESH KUMAR JUDGE Sd/- C.S.SUDHA JUDGE Jms/26.05 APPENDIX OF WP(CRL.) 496/2023 PETITIONER EXHIBITS Exhibit- P1 A TRUE COPY OF THE CERTIFICATE OF MARRIAGE DATED 13/3/2023 Exhibit- P2 TRUE COPY OF THE BIRTH CERTIFICATE OF THE MALE CHILD NAMED VIGNESH RATHEESH DATED

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