Ratheesh Chandran vs State Of Kerala And Ors

Vinod Chandran, J

The petitioner is before this Court seeking issuance of a writ in the nature of Habeas Corpus for production of his minor girl child alleged to be in

the illegal detention of respondents 6 & 7. The 7th respondent is the wife of the petitioner, who is the mother of the minor child. As revealed from the

memorandum of writ petition, as also the investigation report of Police, the 7th respondent, on her own free will, has eloped with the 6th respondent,

who is working in Gujarat, but has his permanent residence near to the marital home of the 7th respondent.

We directed the police to file a report, which is placed on record along with memo dated 12.01.2021. The investigation confirms that the 7th

respondent is residing on her own free will with the 6th respondent in Gujarat. The report further speaks of the mother of the 7th respondent having

informed the Police that she has regular contact with the 7th respondent, now settled in Gujarat, over the telephone. The 7th respondent being the

mother of the minor child, we do not think that a writ of habeas corpus can be issued for the production of the child. The father, the natural guardian

will have to approach the Family Court for getting custody of the child. We do not find any illegal detention of the child as of now.

Admittedly there is a man-missing case registered after the 7th respondent and her child were found missing from the house of the petitioner. The

Police also have talked to the 7th respondent and she informs that only due to the restrictions on account of the pandemic, she is unable to travel to

appear before the Police or the Court. In any event, the man-missing case cannot be closed unless the missing persons appear.

The Police also states in the report that respondents 6 & 7, along with the minor child, is residing within the Bavla Police Station, Ahmadabad near the

Savinay Sammilit School, which is near to the Vallabh Nagar Society. The Police shall direct the respondent to appear before the Jurisdictional

Magistrate along with her daughter as early as possible. It is also directed that the Police shall inquire through the Station House Officer, Bavla Police

Station as to the address of the respondents 6 & 7 and on getting the information, communicate it to the petitioner herein.

The writ petition is disposed of with the above observation.