Antony Dominic, J. Petitioner alleges that her three children are being illegally detained by respondents 4 and 5, who are the brother-in-law and sister of her deceased husband. The pleadings in the writ petition itself show that the petitioner and her deceased husband were living separately and that her husband was residing with respondents 4 and 5 along with the children. While so, on 6/4/14, her husband had an unnatural death and thereafter the children continued to reside with respondents 4 and 5. According to the petitioner, she is not allowed to have access to the children. This, she says, is a case of illegal detention.
Admittedly, during the lifetime of her husband, the children were under her care and control and were residing with her husband and respondents 4 and 5. This position continues even after the death of the husband. Such residence of the children with respondents 4 and 5 cannot spell out a case of illegal detention and therefore, if the petitioner wants any relief in the
W.P.(Crl.) No.231/14
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matter, it is for her to move the appropriate Family Court under the Guardians and Wards Act. Without prejudice to that remedy, the writ petition is closed.
Rp //True Copy// PA to Judge Sd/-
ANTONY DOMINIC JUDGE Sd/-
ALEXANDER THOMAS JUDGE