BUSHARA Vs. AYAMMED @ BICHUTTA

JUDGEMENT

(1.) ACCORDING to the petitioner, her marriage with one Moideen Koya still subsists whereas according to the learned counsel for respondents 1 and 2, Sri.Moideen Koya had already divorced the petitioner. Be that as it may, the allegation in this writ petition is that Sri.Moideen Koya who had married the petitioner on 22.8.1992 had taken away three children of her children forcefully from her. It is alleged that thereafter leaving the children to the custody of respondents 1 and 2, who are his brothers, he has gone back to his employer abroad. It is pleading that the children are kept by respondents 1 and 2 in detention and seeking the issuance of a writ of habeas corpus for setting the children at liberty, this writ petition is filed.

(2.) NOTICE was issued and respondents 1 and 2 and also the aforesaid Sri.Moideen Koya appeared before this Court. The children were also present.

(3.) IN any case, the foundation of this writ petition is the allegation of the petitioner that after leaving the children in the custody of respondents 1 and 2, Sri.Moideen Koya has gone abroad rendering the children under the illegal detention of respondents 1 and 2. The father is now back in the country and the children are under his custody. This therefore shows that there is no illegal detention justifying the issuance of a writ of habeas corpus.