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2021 Supreme(Online)(KER) 27470

SAVAD – Appellant
Versus
DEPUTY SUPERINTENDENT OF POLICE – Respondent


JUDGMENT

Jayachandran, J.

This writ petition stems from the marital discord between the petitioner and his wife. The petitioner seeks issuance of a writ of Habeas Corpus, directing respondents 1 and 2, the Police officers concerned, to produce the petitioner's child, Salmanul Farisi, aged 10 years from the illegal custody of respondents 3 and 4 (the maternal grand father and grand mother respectively).

2. The petitioner would allege that he was working abroad for the past more than 8 years and that he married Sajna, the daughter of respondents 3 and 4 on 05.03.2009. A boy child (alleged detenue) was born in the wedlock, who is presently 10 years old. The petitioner helped his wife to get a job in UAE. However, disputes and dissensions developed between them. In July 2019, the petitioner's wife returned to Kerala, leaving the son with the petitioner. The petitioner looked after all the affairs of his son. In December 2019, the petitioner's wife came back to Ras Al Khaimah on a visiting visa and joined as receptionist in a hospital. She used to visit the child twice or thrice in a week. When the petitioner's wife expressed her interest to take the son with her, the petitioner agreed. W

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