HASEENA T A Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by Haseena, mother of a minor child by name Namsad seeking a writ of habeas corpus for the production of the body of Namsad, who, she alleges, is presently illegally detained by respondents 3 and 4. The 3rd respondent is the father of the minor child and 4th respondent is the brother of the 3rd respondent. Pursuant to an order passed by this Court on 26.09.2012, respondent nos. 3 and 4 brought Namsad to this Court today.

(2.) WE interacted with the 3rd respondent as well as with the petitioner, Haseena. According to the 3rd respondent, on coming to know that the petitioner is in love with one Renjith, who belongs to a different community, he has come down from Kuwait. According to him, he is ready to scarify his job in Kuwait for the sake of his minor son. He expressed chagrin in even temporary custody of the child being given to Haseena, the petitioner.

(3.) HAVING considered what respondents 3 and 4 told us during our interaction with them, we are of the view that the issue as to who should have custody, temporary or permanent, of the minor Namsad, should be decided by the Family Court, Moovattupuzha. We direct the petitioner to approach the Family Court, Moovattupuzha in that regard. If the petitioner files appropriate petition before the Family Court, Moovattupuzha seeking custody of minor Namsad, the Family Court will give top priority to any application which the petitioner may file for temporary custody and will take a decision in that application in accordance with law without undue delay. Till such time as the Family Court passes orders on the application for temporary custody of the minor child filed by the petitioner, the Headmistress of VM Public School, where minor Namsad is presently studying for UKG, will permit the petitioner to have custody and company of her minor son, Namsad, inside the school premises from 3.30 till 4.45 pm on every school working day.