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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL KNARENDRAN, G. GIRISH, JJ
DR. ATHULYA ASOK – Appellant
Versus
THE STATE POLICE CHIEF – Respondent
| Table of Content |
|---|
| 1. petitioner's background and detenu's situation. (Para 1) |
| 2. procedural interactions leading to counseling. (Para 2 , 3) |
| 3. detenu's autonomy and preferences in custody. (Para 4 , 5) |
| 4. habeas corpus principles in custody cases. (Para 7 , 8 , 9 , 10) |
| 5. legal rights and relevant custody considerations. (Para 11 , 12 , 13) |
| 6. welfare of the child as a paramount criterion. (Para 14 , 15 , 16) |
| 7. final decision on the petitioner's request for custody. (Para 17 , 18) |
JUDGMENT
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. T
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