V T XAVIER Vs. STATE OF KERALA

JUDGEMENT

(1.) We are not inclined to entertain this Writ Petition seeking issuance of Writ of Habeas Corpus for the production of the bodies of the children of the petitioner. The allegation of the petitioner is that the children are under the illegal custody of respondents 3 and 4. Respondent No.4 is none other than the wife of the petitioner and mother of the children.

(2.) Sri.P.V.George Puthiyedam, the learned counsel for the petitioner would submit that as the third respondent is a police constable, he wields tremendous influence over the local police and at his instance the petitioner is being harassed by registering false case against him. According to us, even if it is true that on account of the influence of the third respondent false cases are being registered against the petitioner, the petitioner's remedy lies not in the form of a Writ Petition for issuance of a Writ of Habeas Corpus. As for the only prayer which is for production of the children, we are of the view that petitioner's remedy lies before a competent Family Court. Relegating the petitioner to proper fora, we decline relief and dismiss the Writ Petition.