Anil K. Kunj vs The District Police Chief, Kollam-691001 and Others

Pius C. Kuriakose, J.—The petitioner who is the husband of the seventh respondent has filed this Writ Petition under Article 226 seeking a Writ of Habeas Corpus for the production of the body of Aahil, his minor son aged two and a half years. According to the petitioner, the minor child is presently detained illegally by the seventh respondent and her parents against her wishes. Hence, he seeks a Writ of Habeas Corpus for the production of the minor so that the custody of the minor can be entrusted with him. This Court did not become inclined to issue notice to respondent Nos. 7 and 8 and much less to issue a Rule Nisi for production of the minor. This Court directed respondent Nos. 1 to 6 who are police officers to impart instructions to the Government Pleader as to the correctness of the allegations. It appears that information regarding the pendency of this Writ Petition was conveyed to the seventh respondent by the police officers. It is submitted by Sri. N. Suresh, the learned Government Pleader that on the basis of the interim order passed by this Court the seventh respondent and the child were traced out and they were produced before the Magistrate. Before the Magistrate the stand taken by the seventh respondent was that she wants to accompany her lover, the eighth respondent. The seventh respondent along with the child is before us today obviously on coming to know about the pendency of the Writ Petition. She disputed the allegation that she is being illegally detained by her parents. She admitted the paternity of the child Aahil with the petitioner. She told us that she has no objection in the petitioner being given visitation rights on the child. We feel that this is a case where the petitioner should move the competent Family Court for appropriate reliefs. We relegate the petitioner to a Family Court having jurisdiction. If the petitioner moves the competent Family Court within two weeks from today, the Family Court will expedite matters and pass appropriate orders on any interlocutory application for temporary custody, without undue delay.