R SASIKUMAR Vs. DISTRICT SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE relief prayed for in the Writ Petition is to issue a writ of habeas corpus directing the respondents 1 and 2, the District Superintendent of Police, Idukki and the Circle Inspector of Police, Thodupuha to produce Anakha S.Kumar, aged 9 years, daughter of the petitioner before this Court and to allow her to go with the petitioner.

(2.) IT is stated in the Writ Petition that the petitioner married Shelli Joseph (the third respondent), as per a marriage agreement dated 14.3.1997 registered at Tripunithura Sub Registry. It is also stated that since the Sub Registrar was not available on that day, their marriage could not be registered under the Special Marriage Act. It is not in dispute that two children were born in the relationship between the petitioner and Shelli Joseph. The children are Akash S.Kumar, aged 14 years and Anakha S.Kumar, aged 9 years.

(3.) ACCORDING to Shelli Joseph (the third respondent), the petitioner used to ill treat her to the maximum and she had gone to her house at Thodupuzha. She stated that Anakha was admitted in Jairani Public School, Thodupuha and she is studying in the IVth Standard in that school. The third respondent alleges that the petitioner had illicit connection with other women.