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2024 Supreme(Online)(KER) 23747

HIGH COURT OF KERALA
ANIL K. NARENDRAN, G. GIRISH, JJ
DR. ATHULYA ASOK – Appellant
Versus
THE STATE POLICE CHIEF – Respondent


JUDGEMENT

G. Girish, J. The petitioner in this writ petition under Article 226 of the Constitution of India , seeking a writ of habeas corpus, is the mother of the detenu, a boy aged 13 years. She had re-married after the dissolution of her marriage with the father of the detenu. In the wedlock of the petitioner with her present husband, she gave birth to a baby girl on 07.12.2023. The father of the detenu (petitioner’s previous husband), who was employed in Dubai, had passed away on 27.10.2023 at Thrissur. The detenu was under the care and protection of his father till the death of his father. Earlier, the detenu remained in Dubai along with his father, and he was undergoing his studies in a school at Sharjah. The detenu and his father came to their home village at Thrissur in the year 2023 once it was known that the detenu’s father was afflicted with incurable cancer. Till the death of the petitioner’s former husband (detenu’s father) on 27.10.2023, the detenu continued his studies in a school at Thrissur. However, after the demise of his father, the detenu was shifted to Dubai and taken care of by respondents 6 to 8, who are the brother-in-law, sister and sister’s daughter res

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