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2019 Supreme(Online)(KER) 8517

SWATHI – Appellant
Versus
HARIPRASAD – Respondent


Advocates:
['C A ANOOP', 'SRI P SANJAY', '', 'SMT A PARVATHI MENON']

K.Harilal, J.

1.The petitioner and the first respondent are

husband and wife and the alleged detenu is the

child, aged 2 years, born to them in the said

wedlock. According to the petitioner, after the

birth of the their son, when he attained six

months old, he was taken away by the first

respondent and the petitioner was thrown out of

the matrimonial home, without any reason.

Thereafter, the first respondent is denying the

right of the child as well as the petitioner to

live together, by making them separate at the

tender age of the child. Hence, she sought for

the issuance of a writ of habeas corpus to

produce the alleged detenu before this court and

3

handover the custody of the child to her.

2.In compliance with the interim order of this

court dated 9.8.2019, the alleged detenu has

been produced before this court by the first

respondent.

We have interacted with the

petitioner and the first respondent. During the

course of interaction, the first respondent

stated before us that the allegations of

unlawful detention is untrue and absolutely

false. According to him, the petitioner is

undergoing treatment for some ps

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