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2026 Supreme(Online)(Ker) 14303

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
MINI MATHEW – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.SRIKANTH THAMBAN, SHRI.PRASANTH N.L., SHRI.FIRDOUSE.K.K, SHRI.ALTHAF NABEEL
For the Respondents: SHRI.MOHAMMED MUSHTHAQ S., SHRI.NAHAS H., SMT.LEKSHMI MOHAN

Devan Ramachandran, J.

The petitioner alleges that her grandson of 5 years is being detained by the 7th respondent – his mother, illegally and unlawfully.

2. As per the case of the petitioner - who is the paternal grandmother of the child (hereinafter referred to as the “alleged detenue”), the 7th respondent is suffering from certain psychological issues - which she tries to establish through Ext.P1; then contending that the continued custody which she illegally asserts over the “alleged detenue” is illegal and unlawful.

3. The 7th respondent was present before us today personally, along with the child; and we allowed the latter to be with the petitioner for some time.

4. We considered this matter after nearly an hour and a half later; and the learned counsel for the parties conceded that the child spent time with his grandmother, though he showed reluctance initially. We are told that the 7th respondent also facilitated the interaction between the petitioner and the “alleged detenue”.

5. When we are called upon to consider a plea of writ of Habeas Corpus, we are only enjoined to decide whether the “alleged detenue” is under detention.

6. In this case, the “alleged detenue” - the child,

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