High CourtsDivision Bench(2023) 07 KL CK 0225

Sajila K. K. vs District Police Chief Thrissur District, Thrissur, Pin 680001

High Court Of Kerala · Decided on 27 July 2023

HON’BLE JUDGES
A.Muhamed Mustaque, J · Sophy Thomas, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Crl) No. 719 Of 2023

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Judgment

4 paragraphs · 197 words

A. Muhamed Mustaque, J.

1.

This Habeas Corpus is filed at the instance of the mother of two children. The father is having the custody of the children. The mother is now working in Ajman, and she has come down to Kerala for a short duration vacation. She stated that the children are in the illegal custody of the father. The parties are present before us. After interacting with the parties and hearing the submissions, we are of the view that the children are not in the illegal custody of the father. We are not entering into the disputed claim made by the parties regarding the welfare of the children. The parties have better remedy before the Family Court of competent jurisdiction.

2.

However, taking note of the peculiar circumstances, we permit the mother to have the custody of the children on 29.07.2023 (Saturday) from 10 am to 5 pm and also on 5.08.2023 (Saturday) from 10 am to 5 pm. The children shall be handed over and returned from the premises of the Family Court, Paravoor. The parties can work out their remedy before the Family Court of competent jurisdiction.

This W.P(Crl) is disposed of accordingly.