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2020 DIGILAW 138 (KER)

Binsi. M, D/o. Babu, Kailasam v. State Of Kerala, Represent By Secretary, Department Of Home Affairs, Thiruvananthapuram

2020-02-04

C.S.DIAS, K.HARILAL

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JUDGMENT C.S.Dias, J. This writ petition is filed seeking a writ of habeas corpus to direct the 6th respondent to produce Sneha, aged 15 years and Shivani, aged 9 years, before this Court. 2. It is the case of the petitioner is that, she is the wife of the 6th respondent. In their wedlock two female children named Sneha and Shivani were born. According to the petitioner, there are litigations between her and the 6th respondent pending before the Judicial First Class Magistrate V, Kozhikode and the Family Court, Kozhikode. 3. On 02.11.2019, during the course of mediation, the mediator sent the children (alleged detenues) along with the 6th respondent. The petitioner had no other option but to listen to the suggestion of the mediator. But, thereafter, the 6th respondent has not returned the custody of the children to the petitioner. Hence she alleges that the children are in the illegal detention of the 6th respondent, who has no love or affection towards the children. 4. This Court by order dated 23.01.2020 directed the rd respondent to file a report as to the allegations in the writ petition. 5. Today, when the case was taken up for hearing, the learned Government Pleader has filed a report of the 3rd respondent. The 3rd respondent has, inter alia, reported that there are marital disputes between the parties, and cases are pending before various courts. The 6th respondent is living along with his parents and brother in their house with the older daughter Sneha and the younger daughter Shivani is living with the petitioner. It is also reported that the couple are in litigation before the Family Court with respect to dissolution of the marriage. 6. Without the orders of this Court, the petitioner as well as the 6th respondent are present before this Court along with the children. We have interacted with the petitioner as well as the 6th respondent. They too admit that O.P.No.1222/2019 filed by the petitioner before the Family Court, Kozhikode; seeking a decree for divorce, is pending consideration. 7. After having gone through the averments in the writ petition, the exhibits produced and also the report submitted by the 3rd respondent, we are convinced that the dispute projected in this writ petition is arising out of a marital discord between the petitioner and the 6th respondent. 8. 7. After having gone through the averments in the writ petition, the exhibits produced and also the report submitted by the 3rd respondent, we are convinced that the dispute projected in this writ petition is arising out of a marital discord between the petitioner and the 6th respondent. 8. In the aforesaid circumstances, we deem it appropriate to direct the 6th respondent and the petitioner to produce their children before the Family Court, Kozhikode on 06.02.2020 at 11 a.m. The Family Court shall advance hearing of O.P.No.1222/2019 to 06.02.2020 and pass appropriate orders on the interim custody of the children (alleged detenues), taking into consideration the paramount welfare and best interest of the children. The petitioner and 6th respondent would be at liberty to move appropriate application seeking interim custody of the children. Both the petitioner and the 6th respondent and the children shall be present before the Family Court, Kozhikode on 06.02.2020. The 3rd respondent shall ensure the presence of the petitioner, the 6th respondent and the children before the Family Court on that date. With the above observations, this W.P.(Crl.) is disposed of.