IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY ,THE 31ST DAY OF JANUARY 2019 / 11TH MAGHA, 1940
WP(Crl.).No. 41 of 2019
AGED 40 YEARS
SON OF LATE ABDUL RAHMAN,
MANAMKURICHI VEEDU, PANAVALLY P.O,
CHERTHALA, ALAPPUZHA DISTRICT – 688 526.
1 NUBLA V,
AGED 31 YEARS, D/O LATHEEF,
CHERUVATA.P.O, KOZHIKODE-673 012.
AGED 49 YEARS, W/O LATHEEF,
KALLILPARAMBATH PARAMBIL, CHERUVATTA. P.O
MOOZHIKKAL, KOZHIKODE – 673 012.
3 SUB INSPECTOR OF POLICE,
CHEVAYUR POLICE STATION,
KOZHIKODE DISTRICT – 673 017.
4 CITY POLICE COMMISSIONER,
CORPORATION OF KOZHIKODE,
KOZHIKODE – 673 001.
GP-SMT. K.K.SHEEBA FOR R3 R4
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
31.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (Crl.) No.41/2019 2-
C.K. ABDUL REHIM, J.
T.V. ANILKUMAR, J.
W.P (Crl.) No. 41 OF 2019
DATED THIS THE 31st DAY OF JANUARY, 2019
Abdul Rehim, J:
Father of a minor child aged 5 years, named Abiz Rahman,
is the petitioner herein, seeking a writ of Habeas Corpus for
commanding production of the corpus of the minor child and to
hand over custody to him. The 1st respondent is the mother of the
minor child and the 2nd respondent is the maternal grandmother
of the child.
2. In the writ petition itself it is mentioned that, there
was a case instituted by the petitioner before the Family Court,
Thrissur, with respect to custody of the above said minor child,
as O.P. No.1750/2014. The said case was decreed by the Family
Court against which an appeal filed by the 1 st respondent, Mat.
Appeal No.1418/2017, is pending disposal before this court. It is
stated that this court through Ext.P1 interim order had modified
the terms of interim custody of the minor child permitted in
favour of the petitioner through the judgment passed by the
Family Court. It is also mentioned that, when the 1 st respondent
W.P (Crl.) No.41/2019 3-
failed to comply with the directions contained in Ext.P1 order,
the petitioner had instituted a contempt of court case, which was
disposed of by this court through Ext.P2 order, dated 13 th June
2018 passed in Con. Case (C) No.952/2018. It is stated that the
1st respondent again failed to comply with the directions
contained in the decree in O.P. No.1750/2014, which stands
modified through the interim order passed by this court in Mat.
Appeal No.1418/2017, as well as the directions issued by this
court in the contempt of court case. Therefore the petitioner had
already approached the Family Court seeking implementation of
those directions, by filing execution petition before the Family
Court. E.P. No.3/2018 has already been filed in this regard. It is
the grievance of the petitioner that despite repeated postings of
the execution petition before the Family Court, the 1 st
respondent is not producing the child. It is stated that the
execution petition now stands posted to 12-02-2019.
3. The petitioner alleges that the 1st respondent is now
absconding after entrusting the child with the 2 nd respondent. It
is based on an allegation that the custody of the child with
respondents 1 2 are illegal, since it is violative of the above
mentioned court orders, the above writ petition is filed seeking
the relief as mentioned above.
W.P (Crl.) No.41/2019 4-
4. In view of the factual scenario elaborated herein
above, we are not inclined to entertain this writ petition, because
the petitioner has got effective remedy to get the orders of the
court with respect to the custody of the minor child implemented
through due process of law. It is for the petitioner to take
appropriate steps in the execution petition in accordance with
the provisions contained in the Guardian and Wards Act and in
the Code of Criminal Procedure. We do not think that there
exists any ground for invoking the jurisdiction vested on this
court under Article 226 of the Constitution of India, which is
discretionary in nature, for issuance of a writ of Habeas Corpus.
5. Consequently, the above writ petition fails and the
same is hereby dismissed by reserving liberty to petitioner to
take all possible steps for executing Ext.P1 P2 orders passed
by this court with respect to custody of the minor child.
W.P (Crl.) No.41/2019 5-
EXHIBIT P1 THE TRUE COPY OF THE INTERIM ORDER IN MAT. APPEAL
EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED 13/06/2018 IN
CONTEMPT OF COURT NO 952/2018 IN MAT.APPEAL NO
EXHIBIT P3 THE TRUE COPY OF THE E.P NO 3/2019 IN GOP NO
1750/2014 ON 15/11/2018.