M. RAMESAH Vs. DISTRICT POLICE CHIEF

JUDGEMENT

(1.) AS the subject matter of the above writ petition and the original petition is one and the same, that with respect to the custody of a minor child namely Deva Parvathy, the daughter of the petitioner and the 3rd respondent/father in the above original petition, and particularly the facts and circumstances involved are identical and inter connected, and also for the reason that the legal questions involved are identical, the above matters are heard together and being disposed of by this common judgment.

(2.) O .P.(F.C.) No. 447 of 2014 is filed by the mother of the said child, who is the 1st respondent in I.A. No. 3242/14 and the petitioner in I.A. No. 3315/14, before the Family court, Ernakulam, challenging the common order dated 2.9.2014 by which the Family court issued production of warrant of the minor girl child by the 1st respondent and guardian of the 1st respondent and granting temporary custody of the minor child to the petitioners therein. Whereas W.P.(Crl.) No. 372/14 is preferred by the maternal grand parents of the said child under Article 226 of the Constitution of India alleging that the said child is under the illegal custody of the mother of the child, as she failed to produce the child before the Family court, Ernakulam, in spite of a positive direction and therefore it is prayed to issue a writ of habeas corpus or any other appropriate writ, directions or orders commanding respondents 1 and 2 to produce the body of the girl child namely, Deva Parvathy before this Court by releasing her from the illegal custody of the 3rd respondent. The 3rd respondent in the above writ petition is the mother and Sri. Sajay A.K. is the father of the detenue, who is respectively the 2nd and 3rd respondent in I.A. Nos. 3242/14 and 3315/14 in O.P. No. 1641/14.

(3.) WE heard Adv. Sri. P. Viswanathan, the learned counsel for the petitioner in the original petition, who is the 3rd respondent in the writ petition and Adv. Smt. Sumathi Dandapani who is appearing for the petitioners in the writ petition as well as for the respondents in the original petition.