Petitioner alleged illegal detention of her child by father (4th respondent). Court noted factual disputes requiring Family Court trial. Arranged interim custody of child to petitioner for six weeks pending Family Court decision in concurrent divorce suit.
Interim custody granted to petitioner for six weeks; production of child fixed before Family Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
&
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
MONDAY, THE 18TH DAY OF JUNE 2012/28ND JYAISHTA 1934
WP(Crl.).No. 271 of 2012 (S)
PETITIONER(S):
SIBI JOHN, AGED 30 YEARS D/O.JOHNY, EDAKKATTUKUNNEL HOUSE OONAKKOOR KARA, OONAKKOOR VILLAGE, MUVATTUPUZHA NOW RESIDING AT PULICKAMATTATHIL HOUSE MURIYANATTUPURA, VELIYANADU KARA, EDAKKATTUVAYAL.
BY ADV. SRI.VETTATH EAPEN MATHAI
RESPONDENT(S):
PIRAVOM POLICE STATION, PIRAVOM - 686664.
BY ADV. SRI.A.T.ANILKUMAR BY ADV. SMT.V.SHYLAJA
BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION BY GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(CRL.) NO.271/2012
APPENDIX
PETITIONER'S DOCUMENT :
| EXT.P1 | TRUE COPY OF THE RECEIPT ISSUED FROM THE PIRAVOM POLICE STATION ON 20/5/2012. |
|---|---|
| EXT.P2 | TRUE COPY OF THE COMPLAINT BEFORE THE SUB DIVISIONAL MAGISTRATE, KOCHI DATED 30/5/2012. |
| RESPONDE | NTS'EXHIBITS : |
| EXT.R4(1) : | COPY OF THE AFFIDAVIT FILED IN M.C.NO.34/2012. |
| EXT.R4(2) : |
COPY OF THE RELEVANT PAGES OF THE MAGAZINE BY NAME 'THE FIRE'. |
| EXT.R4(3) : | COPY OF THE DIVORCE PETITION. |
//TRUE COPY//
P.A. TO JUDGE
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
W.P.(Crl.) No.271 of 2012
Dated this the 18th day of June, 2012
JUDGMENT
K.T.Sankaran, J.
The petitioner, Mrs.Siby John, alleges that her child having only the age of 1½ years was forcibly taken by Sunoj, the fourth respondent, who is the father of the child. It is alleged that the child is under the illegal detention of the fourth respondent. According to the petitioner, the child is a breast feeding child. It is also alleged that the fourth respondent is a “psychiatric patient and chronic drunkard”. It is alleged that the child was removed to an unknown place.
W.P.(Crl.) No.271/2012
2
petitioner had filed M.C.No.34 of 2012 before the court of the Judicial Magistrate of the First Class, Kolencherry, under the provisions of the Protection of Women from Domestic Violence Act, 2005 and the learned Magistrate declined the relief for the custody of the child. The fourth respondent has alleged cruelty meted out by the petitioner towards him and various incidents have been narrated in the counter affidavit. He alleges that the petitioner used to go to her house occasionally and on an enquiry, it was revealed that the petitioner had connections with a multimillionaire in that area. The fourth respondent states that on enquiry he came to know that the petitioner had sexual relationship with that man even while she was studying in the Xth Standard. It is alleged that on 18.5.2012, the fourth respondent got an information that the partially nude photographs of the petitioner were published in a monthly magazine by name “Fire”. Copy of the relevant page of the magazine, in which, according to the fourth respondent the photographs of the petitioner appear, is produced as Exhibit R4(2). The fourth respondent states that he is maintaining the child properly. The
W.P.(Crl.) No.271/2012
3
fourth respondent has filed O.P.No.677 of 2012 on the file of the Family Court, Muvattupuzha, against the petitioner and her alleged paramour for divorce. The fourth respondent alleges that the petitioner is living in adultery with the second respondent in O.P.No.677 of 2012.
W.P.(Crl.) No.271/2012
4
arrangement should be made. The learned counsel for the petitioner submitted that the petitioner would appear in O.P.No.677 of 2012 before the Family Court, Muvattupuzha during this week itself.
W.P.(Crl.) No.271/2012
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W.P.(Crl.) No.271/2012
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the observations contained herein above and without taking into account the readiness expressed by the fourth respondent to give interim custody of the child to the mother as purely a temporary arrangement.
The Writ Petition is disposed of as above.
K.T.SANKARAN JUDGE
M.L.JOSEPH FRANCIS
JUDGE
csl
3 issues framed by the court
Whether a bonded child custody petition can handle disputed factual allegations requiring evidence.
Whether an interim custody arrangement can be made between mother and father pending Family Court decision.
Whether the Writ Court can grant interim custody free from the father's willingness to give temporary custody.
Siby John
State of Kerala
Sunoj
K.T. Sankaran
M.L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
