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2022 Supreme(Online)(KER) 23929

SHAIN SUDHAKARAN – Appellant
Versus
THE UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT – Respondent


Advocates:
['M R SASITH', '', 'NEELANJANA NAIR', 'RAJITHA V K', 'PREETI S', 'BHAVANA K K', 'MANU S', 'ASG OF INDIA', 'M R SASITH']

JUDGMENT

Jayachandran, J.

Petitioner is the father of the alleged detenue, a minor boy, aged 8 years. The 6th respondent is the mother of the alleged detenue and respondents 7 and 8 are the parents of the 6th respondent. According to the petitioner, the alleged detenue is in illegal custody of respondents 6 to 8 in contravention of Ext.P2 order of the Family Court, Kottarakara in O.P (G&W) No.1660/2018. Petitioner seeks issuance of a writ of Habeas Corpus, commanding production of the minor child before this Court and to give his custody to the petitioner.

2. The petitioner would elaborate that the marriage between the petitioner and the 6th respondent was solemnised on 16.05.2012 at Kulathupuzha. On 09.08.2016, the 6th respondent deserted the petitioner and left to Dubai, leaving the minor son with her parents, respondents 7 and 8. Since then, the minor child has been in the custody of the 6th respondent, without affording an opportunity to the petitioner to mingle and interact with the child. The petitioner preferred an Original Petition under the Guardians and Wards Act as O.P (G&W) No.1660/2018 before the Family Court, Kottarakara, seeking permanent custody of the child. The Fami

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