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Mr.Sureshan Kelambath vs Anitha Ponnabeth

High Court Of Kerala|10 June, 2014
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JUDGMENT / ORDER

ANTONY DOMINIC, J. The petitioner alleges that the 1st respondent, who is his divorced wife, is keeping their children, Goutham, aged 13 years and Gayathri, aged 11 years, in illegal detention. With that allegation he has filed this Writ Petition with the prayer for issue of a writ of habeas corpus. Admittedly, the minor children are residing with their mother. Such custody of the natural guardian cannot, without anything more, be a case of illegal detention, justifying entertainment of the writ petition filed praying for issue of a writ of habeas corpus. In this case, no circumstance has been made out by the petitioner for us to think that the children are in illegal detention. Therefore, we decline to entertain this Writ Petition. In our view, if the petitioner is desirous of custody of the said children, the proper forum available to him is to approach the Family Court - : 2 :-
invoking the jurisdiction under the Guardian and Wards Act. The writ petition fails and is dismissed.
Sd/-
ANTONY DOMINIC, JUDGE Sd/-
sdk+ ALEXANDER THOMAS , JUDGE ///True copy/// P.S. to Judge
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Title

Mr.Sureshan Kelambath vs Anitha Ponnabeth

Court

High Court Of Kerala

JudgmentDate
10 June, 2014
Judges
  • Antony
  • Alexander Thomas
Advocates
  • Sri Bobbymathew Koothattukulam
  • Smt Mary Ranzom
  • Louiz