A writ of habeas corpus is inappropriate when custody matters are pending resolution in Family Court.

JUDGMENT Devan Ramachandran, J.

The petitioner seeks that her granddaughter (who will hereinafter be referred to as the ‘alleged detenue’) has been taken away against her wishes by her mother – the 5^th respondent, in connivance with respondents 6 and

7.

2. Sri.Latheesh Sebastian – learned counsel for the petitioner, however, conceded that both sides - namely the parents of the ‘alleged detenue’ - have filed independent Original Petitions before the learned Family Court, seeking permanent custody of the child. He, nevertheless, argued that, in spite of the afore, since the ‘alleged detenue’ has been taken away by respondents 5 to 7 without his client’s knowledge and permission, she is entitled to approach this Court seeking a Writ of Habeas Corpus.

3. Sri.B.S.Syamanthak – learned Government Pleader, submitted that this Writ Petition is unnecessary because, the custody of the child – both final and interim - will have to be decided by the learned Family Court. He added that the custody battle appears to be attempted to be transmuted into a plea of Habeas Corpus before this Court; and pleaded that we exercise no jurisdiction, at least in this case.

4. There is force in the afore submissions of the learned Government Pleader. The ‘alleged detenue’ is now stated to be with the mother. We cannot hold any such custody to be illegal, unless it has been prohibited in law, or there are contrary orders governing custody. Even in such cases, when parties are before the learned Family Court; and if there is any allegation that there is violation of its orders or directions, it is for them to approach the said Court and obtain appropriate orders. An intervention by this Court, through a Writ of Habeas Corpus, would certainly be deleterious to the integrity of the system.

5. This is more so, when the petitioner is not the father of the ‘alleged detenue’, but the paternal grandmother; though the explanation offered is that the former is out of India.

In the afore circumstances, we dismiss this Writ Petition; however, clarifying that every other available remedy of the parties, as available in law, are left open.

Sd/-