VINU VARGHSESE Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his male minor child by name Alvin, who, it was alleged, is being illegally detained and confined at some unknown place by respondents 3 to 7.

(2.) The 3rd respondent is the mother of the child. The petitioner and the 3rd respondent had admittedly entered into Ext.P1 agreement to get married to each other in accordance with law. That agreement is dated 05.01.2008. The marriage has not been solemnised admittedly. The minor male child was born in such relationship between the petitioner and the 3rd respondent. The petitioner is employed abroad. The 3rd respondent was having the custody of the child. The 3rd respondent has now secured an employment and is not available at her native place. It is the grievance of the petitioner, who has come from abroad now, that the child is illegally kept away at some unknown place by respondents 3 to 7. The 4th and 5th respondents are the parents of the 3rd respondent and the 6th and 7th respondents are the relatives of the 3rd respondent. According to the petitioner, the 3rd respondent now wants to contract another marriage. The child has become an inconvenience to her to enter such matrimony. It is, in these circumstances, that the child has been kept away at some unknown place by respondents 3 to 7. The petitioner prayed that his child may be directed to be produced before this Court and set at liberty.

(3.) This petition was filed on 14.09.2010. It was admitted on 15.09.2010. Notice was ordered to the respondents.