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Judgment
5 paragraphs · 364 wordsC. Jayachandran, J.
Petitioner herein is the father of the alleged detenue, aged 12 years. He seeks issuance of a writ of Habeas Corpus mandating production of the alleged detenue before this Court on the premise that the child is in the illegal custody of his mother/6th respondent and her fiancé/7th respondent. The petitioner would allege that, he left to Gulf after leaving the alleged detenue with the 6th respondent. He could not come back from Gulf in the year 2021. On 06.11.2021, the 6th respondent took the alleged detenue and went along with the 7th respondent, a married person having a kid. A crime was registered at the instance of the 6th respondent's sister and the Police traced the 6th respondent and the alleged detenue in the company of the 7th respondent. Petitioner's wife/6th respondent was produced before the Judicial First Class Magistrate, Kattakkada and based on her statement, she was permitted to go along with the 7th respondent. In the circumstance, custody of the alleged detenue with the 6th respondent is illegal. On such premise, petitioner seeks the relief afore referred.
Having heard the learned counsel for the petitioner and perused the Writ Petition and the records produced along with the same, we are of the view that the custody of the minor child in the hands of his own mother cannot be taken as illegal. It may be that the 6th respondent might have gone along with the 7th respondent. However, that by itself, would not make the custody of the alleged detenue with the 6th respondent illegal. The 6th respondent who was produced before the jurisdictional Magistrate indicated in unmistakable terms that she had gone along with the 7th respondent out of her free will and volition.
Admittedly, the petitioner was working abroad and the child was in the custody of his wife. In such circumstance, we do not find any illegal detention of the alleged detenue in the hands of his mother/6th respondent, wherefore, we are not inclined to admit this Writ Petition.
This Writ Petition is accordingly dismissed, leaving open the petitioner's remedy to seek the custody of the child before the jurisdictional Family Court.