JOSAN ABRAHAM Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) ABDUL Rehim, J: This writ petition is filed seeking writ of Habeas Corpus directing production of minor child of himself and the 2nd respondent, Master. Aadish Abraham Josan. Various litigations between the petitioner and the 2nd respondent were subject matter of appeals before this Court by both the parties. In Ext.P2 common judgment those appeals were disposed of by this court, recording the settlement arrived, which forms part of Ext.P2 judgment. It is provided that the custody of Master. Aadish Abraham Josan will be with the

(2.) ND respondent, subject to condition that custody will be given to the petitioner during half of the vacations of Onam, Christmas and Mid Summer. Further, on attaining the age of 18 years the child will be given freedom to live either with the petitioner or with the 2nd respondent. 2. It is alleged that, in violation of the condition incorporated in the settlement, the 2nd respondent had not given custody of the minor child during this vacation period, despite specific request made by the petitioner through Ext.P3 notice. It is also alleged that the 2nd respondent is attempting to take the minor child abroad to prevent the petitioner from having custody and acquaintance with the child.