T.KASIM BEEVI v. SUB INSPECTOR OF POLICE

R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.266 of 2009----------------------------------------Dated this the 23rd day of July 2009J U D G M E N T BASANT,JThis petition is filed by the petitioner, a woman aged about68 years, for the issue of a writ of habeas corpus to search for, trace and produce her grandson, a minor child aged about 9years by name Boban.P.M. The said child's mother Leena Begamis the only child of the petitioner herein. According to thepetitioner, the child was with her and she was looking after thechild. She alleged that the child was taken away forcibly by the3rd respondent without the consent of the petitioner. The 3rdrespondent, she alleged, had some connection with her daughterand it was her apprehension that the child was taken away bythe 3rd respondent without permission from her daughter also.2.This petition was filed on 07/07/2009. The same cameup for admission on 08/07/2009. The petitioner was directed toensure that an affidavit is filed by the mother of the child if, as amatter of fact, the child is not in the custody of the mother also. The matter came up for hearing again on 13/7/2009. The W.P.Crl No.266/092petitioner, on that day, asserted that her daughter is alsomissing and she has not been able to contact her daughter. Sheapprehended that the child was forcibly taken away by the 3rdrespondent to threaten/blackmail her daughter Leena Begamalso. It was, in these circumstances, that we gave the petitionerfurther time to ascertain the crucial facts. In the meantime, respondents 1 and 2 police officers were directed to ascertainwhether the child is with the mother. In fact, the matter standsposted for admission only today.3.Today when the matter came up for hearing, thepetitioner is represented by her counsel. She is not present. The minor child Boban is present along with his mother. The 3rdrespondent as also the daughter of the petitioner Leena Begamis present. The 3rd respondent is represented by a counsel.4.The learned counsel represents on behalf of the 3rdrespondent and the mother of the minor child that they have gotlegally married. The mother of the child was earlier married andthat marriage has ended in divorce. Subsequently, she hasmarried the 3rd respondent. The child is now residing along withthem; but has been admitted to a residential school atThiruvananthapuram. The child is not under the illegal W.P.Crl No.266/093confinement or detention of anyone. The petitioner does notcompletely approve the marriage between her daughter and the3rd respondent and it is, in these circumstances, that the presentpetition has been filed by the petitioner. The learned counsel forthe third respondent and the mother of the child pray thatproceedings may be closed and this writ petition may bedismissed. The learned counsel has produced before the court acertificate issued by the Secretary of the Mannady Muslim Jama-Ath dated 21/7/2009 to confirm that the mother of the child ismarried to the 3rd respondent on 14/12/2008. The learnedcounsel for the petitioner submits that the petitioner's anxietywas only to ensure that the child was under the proper care andcustody of its mother. The child, it appears, was evidently notwith the 3rd respondent and the mother of the child; but has beenadmitted to a residential school. 5.We appreciate the anxiety of the petitioner who wasperhaps unable to locate the child even in the custody of herdaughter and the 3rd respondent. But we are now satisfied thatthe child is safely under the care and custody of its mother andthat no further directions are necessary in this writ petition. W.P.Crl No.266/0946.This writ petition is accordingly dismissed. The minorchild who has been brought to court by its mother, is permittedto leave the court along with his mother and the 3rd respondent. The certificate of marriage is returned to the learned counsel.(R.BASANT, JUDGE)(M.C.HARIRANI, JUDGE)jsr W.P.Crl No.266/095 W.P.Crl No.266/096R.BASANT & M.C.HARIRANI, JJ..No. of 200ORDER/JUDGMENT 18/06/2009