Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 30TH DAY OF OCTOBER 2020 / 8TH KARTHIKA, 1942 WP(Crl.).No.206 OF 2020 PETITIONER/S: JOSEPH STALIN, AGED 52 YEARS, S/O.PATHROSE, HOUSE NO.135, ST.JOSEPH LANE, PALLITHARA P.O., ATTIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.P.M.JOSHI SRI.H.P.SHABOO RESPONDENT/S: 1 DOLPASS, S/O.JEROMIS, PALLITHURA P.O., PALLITHURA, THIRUVANANTHAPURAM DISTRICT, PIN-695 586. 2 ASSISTANT COMMISSIONER OF POLICE, KAZHAKUTTAM, KAZHAKUTTAM P.O., THIRUVANANTHAPURAM DISTRICT,PIN-695 582. 3 THE STATION HOUSE OFFICER (SHO) OF POLICE, THUMBAST POLICE STATION, THUMBA, THIRUVANANTHAPURAM DISTRICT, PIN-695 582. SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND FOR R2 AND R3 THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 30.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(Crl.).No.206/2020 2
JUDGMENT
Dated this the 30th day of October, 2020
K.Vinod Chandran, J.
Petitioner seeks a writ of habeas corpus, in so far as his four children said to be in the illegal custody of the 1 st respondent. The children are said to be aged respectively, 22, 19, 16 and 10. The youngest of them is a girl child and the others male children. On 23.10.2020, we were told by the learned Government Pleader that on instructions, it is informed that the children are living with the 1st respondent because they were abandoned by their Father and their Mother is abroad. It is on the specific instructions of the Mother that the children have been housed with the 1 st respondent. In such circumstances, on 23.10.2020, we directed the District Legal Services Authority, Thiruvananthapuram to get a statement of the children. The girl child is said to have been housed in a convent school. We also directed that the DLSA be given sufficient police protection while visiting the house of the 1 st respondent.
2. The DLSA has filed a report dated 28.10.2020, which, we accept to the files of this Court as Ext.C1. We see from the report that the 3rd son of the petitioner was always residing with
W.P.(Crl.).No.206/2020 3 the 1st respondent, since they were childless. They are also said to be the God Father and God Mother of the 3 rd son. He has now left for Germany as has been submitted by the other three children. As far as the other three children are concerned, due to constant harassment by the Father-the petitioner, they were taken by the sisters of the Mother. The Mother had gone abroad only to eke out a livelihood for herself and her children since the petitioner had not been looking after them. It is also seen from the report that due to a quarrel between the Mother and her sisters they were also not willing to continue the custody of the
children. In such circumstances, it is stated that it was at the request of the Mother that the 1 st respondent had housed the children in his house. The daughter, the youngest child is reported to be even afraid to see the father-the petitioner. We do not see any reason to issue a writ of hebeas corpus. We hence, dismiss the writ petition (Crl.). K.VINOD CHANDRAN T.R.RAVI DG/02.11.2020 W.P.(Crl.).No.206/2020 4
APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE PHOTO COPY OF THE COMPLAINT DATED 2.9.20 TO SHO THUMBA POLICE STATION EXHIBIT P2 THE PHOTO COPY OF THE COMPLAINT DATED 12.9.20 OF PETITIONER TO 2ND RESPONDENT EXHIBIT C1 LETTER NO.788/2020/DLSA/TVPM DATED 28.10.2020 FROM THE SECRETARY, DISTRICT LEGAL SERVICES AUTHORITY, THIRUVANANTHAPURAM.