Rekha P vs District Police Chief And Ors

K. Vinod Chandran, J

The petitioner, in a habeas corpus writ petition, seeks production of her son, who is in the custody of the 4th respondent, the husband of the

petitioner. It is stated that the 4th respondent obtained an ex parte decree of divorce on 12.04.2018 and the petitioner is now residing with her parents.

Admittedly, for the last two years the child was in the custody of the father, the 4th respondent.

It is submitted by the petitioner that only her mother is allowed to visit the child and on the last two occasions the child has been behaving strangely

as if he is afraid of something. The allegation is also that the child is under the constant threat and harassment of the father. It is on these contentions

that the petitioner seeks production of the child from the custody of the father.

We do not think that a writ of habeas corpus is the remedy available to the petitioner. The petitioner will have to approach the appropriate forum for

custody or visitation rights.

We hence dismiss the writ petition in limine.