Parent's custody rights must be settled in Family Court; illegal detention claims are not justified where no harm is evident.

JUDGMENT Devan Ramachandran, J.

The petitioner alleges that his daughter (who will hereinafter be referred to as the ‘alleged detenue’) is being detained illegally by the 2^nd respondent – her mother, without him being offered any access to her.

2. Pertinently, Sri.Brijesh N.B. - learned counsel for the petitioner, admitted that his client has moved GOP No.211/2023 before the learned Family Court, Pala, which is still pending.

3. We are aware that the petitioner has approached this Court earlier, to obtain Ext.P7 judgment; and this also establishes that the parties are in litigation qua the custody of the child (‘alleged detenue’).

4. The present allegation by the petitioner is that the ‘alleged detenue’ is being kept away from him by the 2^nd respondent – mother, without being shown to him. This is what he terms 'illegal detention'.

5. We are afraid that we cannot find favour with this contention at all because, if the petitioner requires any orders with respect to the visitation or interim custody rights over the ‘alleged detenue’, it is for him to move the learned Family Court appropriately.

6. We are persuaded to this view also because the parties were before us today personally, along with the ‘alleged detenue’. The ‘alleged detenue’ was happy in the company of both her parents, without showing much preference. However, she can never be construed to be under ‘illegal detention’ of her mother, though she is now presently with her. There appears to be very deep-seated differences of opinion between the parties, and even though we encouraged them to resolve it under the aegis of the mediation centre or counselling centre of this Court, they did not take that opportunity and seem to be steadfast in continuing with litigation.

7. That said, the only aspect we are expected to verify is whether the ‘alleged detenue’ is under detention or subjected to any deleterious scenario while in the company of her mother. The child was very happy and came across as being very articulate and smart. We are happy that, at least as of now, the child psyche has not been affected on account of the continuing strife between her parents.

8. However, when we find that the child is not under detention, we cannot exercise jurisdiction, on the plea of the petitioner that he has not been given access to her by the party respondent. His remedies are elsewhere and not before this Court, particularly when the GOP between the parties is pending before the learned Family Court.

This Writ Petition is this dismissed.

Sd/-