DAY, RAVI MALIMATH J., MADE THE FOLLOWING: ORDER The plea of the petitioner is that at the delivery of her daughter, his wife died. Thereafter, the child is in the custody of her grand-parents-respondent Nos.1 and 2. Hence, the present petition for a Writ of Habeas Corpus seeking the custody of the child.
2. The petitioner had already filed Crl.M.No.219 of 2016 before the JMFC, Mangalore seeking the search and custody of his child, by an application filed under Section
97 Cr.P.C., which was dismissed. Thereafter, the present petition is filed.
3. On hearing the learned counsel for the petitioner, we have no hesitation to hold that it cannot be said that the child is in illegal detention.
4. In order to seek a Writ of Habeas Corpus, the petitioner would have to satisfy the Court that the child is in illegal detention. The respondent Nos.1 and 2 are the grand-parents, respondent No.3 is the sister of the childs mother. They have a right over the custody of the child under their personal law. Hence, we find, no Writ of Habeas Corpus could be issued. However, it is needless to state that the petitioner is always at liberty to work out his remedies before the appropriate Court. Consequently, the petition is rejected. Sd/- Sd/- JUDGE JUDGE *mn/-