Disposed

Somalal, W/O.Ramachandran v. Ajith, S/O.Baby

Kerala HC20 Nov 2012WP(Crl.)/350/2012

Case brief

AI extract

What is this about?

High Court Wardens Writ Petitions regarding the custody and welfare of detenue Nimisha Chandran. Court directed parents to take her for medical counseling and ensured she stays with them, restraining the male parent from contact. Order sought the revival of the petition after three months if necessary.

What did the court decide?

Nimisha directed to stay with parents till 20th Nov 2012; directed to consult gynecologist and undergo counseling; primary respondent restrained from contacting her.

Somalal, W/O.Ramachandran Vs Ajith, S/O.Baby — Child Custody and Guardianship | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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TUESDAY, THE 20TH DAY OF NOVEMBER 2012/29TH KARTHIKA 1934 WP(Crl.).No. 350 of 2012 (S) ----------------------------

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PETITIONER(S):

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SOMALAL, W/O.RAMACHANDRAN ULLACKAL HOUSE (KARTHIKA), MELUKAVU MATTOM.P.O MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.BABU KUMAR

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RESPONDENT(S):

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AJITH, S/O.BABY VAYALMUNDACKAL HOUSE, PANDYANMAVU MELUKAVU MATTOM.P.O, MEENACHI TALUK, KOTTAYAM.

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SUB INSPECTOR OF POLICE MELUKAVU POLICE STATION, MELUKAVU.P.O.

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DEPUTY SUPERINTENDENT OF POLICE, ERATTUPETTA.

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CIRCLE INSPECTOR OF POLICE, PALA.

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SUPERINTENDENT OF POLICE POLICE SUPERINTENDNT OFFICE, KOTTAYAM. R1 BY ADV. SRI.P.K.MADHUSOODANAN

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R BY GOVERNMENT PLEADER M.K.ABOOBACKER

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 2011-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(CRL.) NO.350/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT-P1-TRUE COPY OF THE CERTIFICATE OF THE SECONDARY SCHOOL LIVING EXAMINATION OF THE PETITIONER'S DAUGHTER NIMISHA DATED 31/05/2011.

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EXT.P2: PHOTOCOPY OF THE REPORT SUBMITTED BY THE FAMILY COUNSELOR OF PCSJ ERNAKULAM DATED 31/5/2012.

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RESPONDENTS' EXHIBITS NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH JJ. -----------------------W.P.(Crl.) . NO. 350 OF 2012

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Dated this the 20^th day of November, 2012

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JUDGMENT

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Pius C.Kuriakose,J

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Nimisha Chandran, the alleged detenue, is brought to this court by her parents. Sri.M.K.Aboobacker, learned senior Government Pleader, placed before us a counselling report submitted by Smt.Jessy Alexander, the Family Counsellor attached to the People's Council for Social Justice . According to the report, as Nimisha Chandran is showing depressive mood fluctuations in connection with her menstrual cycle, the assistance of a gynecologist to deal with the situation is advisable. Nimisha's mother, who is present before us, told us that Nimisha is not agreeable to the idea of being taken to a gynecologist . As she was very adamant, Nimisha was taken to an Ayurveda doctor. The Ayurveda doctor also advised that it is

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quite possible that fluctuations can happen in the moods of women during menstrual cycle. The impression that we

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W.P.(C) No.350 /2012 2

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gathered from what Nimisha Chandran's parents told us today is that Nimisha should first be taken to a Gynecologist on the basis of the opinion of the Family Counsellor.

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We, therefore, direct Nimisha's parents to take her to a competent Gynecologist in the city and if advised by the Gynecologist, take her to a Psychologist also. Nimisha is directed to co-operate in the matter.

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We close the writ petition for the time being. It will be open to the petitioner to seek revival of the writ petition if absolutely necessary, after a period of three months. All the directions in our earlier orders passed from time to time will continue. The first respondent shall not meddle with the peaceful life of the Nimisha along with her parents.

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Sd/-

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PIUS C.KURIAKOSE, JUDGE Sd/-

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BABU MATHEW P.JOSEPH, JUDGE.

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Dpk

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/True copy/ P.A to Judge.

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W.P.(C) No.350 /2012 3

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W.P.(C) No.350 /2012

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PIUS C.KURIAKOSE &

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N.K.BALAKRISHNAN JJ.

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W.P.(Crl.) . NO.350 OF 2012

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W.P.(C) No.350 /2012

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Dated this the 31st day of October, 2012

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O R D E R

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Pius C.Kuriakose,J

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The alleged detenue, Nimisha Chandran, who was entrusted to the custody of her mother, is brought back today before this court by her mother. We interacted with her. She told us that she did not have any difficulty in her house. But, at the same time, she did not appear to be very enthusiastic at the prospect of going home along with her parents. But when we suggested to her that she should undergo some more counselling , she was agreeable.

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Even though the learned counsel for the first respondent submitted that now Nimisha Chandran has attained majority and she should be allowed to go with whoever she likes, we are not inclined to accept the above submission of the learned counsel. We are of the view that notwithstanding the majority attained by Nimisha, she has not become matured enough to take decision as

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W.P.(C) No.350 /2012 6

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to with whom she should go. We therefore direct Nimisha Chandran to accompany her mother and stay with her parents in the parents' house for a further period of three weeks i.e. till 20^th November 2012.

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Smt.Jessy Alexander, Family Counsellor attached to the People's Council For Social Justice shall give three more rounds of counselling to Nimisha Chandran. Necessary arrangements in this regard will be done by the parents of Nimisha as well as by the 2^nd respondent - Sub Inspector of Police, Melukavu Police Station. Nimisha will be produced back before this court on 20^th November 2012. There will be a direction to the first respondent not to contact Nimisha in any manner, personally, over phone or through inter net during the period of her stay along with her parents. The 2^nd respondent is directed to keep a close watch on the movements of the first respondent and ensure that he does not contact Nimisha or attempt to contact her during her stay along with the parents.

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Issue copy of this order to Sri.M.K.Aboobacker learned senior Government Pleader as well as the learned counsel for the parties.

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W.P.(C) No.350 /2012

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PIUS C.KURIAKOSE, JUDGE

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N.K.BALAKRISHNAN, JUDGE.

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dpk

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W.P.(C) No.350 /2012 8

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W.P.(C) No.350 /2012

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PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH JJ.

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W.P.(Crl.) . NO. 350 OF 2012

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Dated this the 17th day of October, 2012

O R D E R

Pius C.Kuriakose,J

W.P.(C) No.350 /2012

Smt.Jessy Alexander, Family Counsellor, People's Council

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For Social Justice has forwarded her report to this court. This is what is reported:

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“Counselling was given in four different sessions to Nimisha and her parents individually and along with her parents after the previous two sessions. Her emotional disturbance got subsided and she began to think positively, relations with parents improved a lot and also became significantly better.

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Now she thinks about herself and her future. She has plans to continue her Plus Two studies and to score good marks in Plus two. After that she wants to go for degree course. She would like to get married after completing her degree course since she feels that she would be matured enough to get married by then. She wants to communicate this matter to Ajith. Follow-up is needed.

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As she is very keen to continue her studies all assistance need to be given to her to pursue Plus two studies this year itself, if possible.”

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2.We interacted with Nimsiha Nimisha's mother and also with the

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first respondent Ajith. Upon our persuasion, she became agreeable to our suggestion that she stays along with her parents in their house till 31^st instant. Accordingly, we entrust the custody of Nimisha, the detenue, with her mother -the petitioner . Nimisha will accompany her mother over to her

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W.P.(C) No.350 /2012

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parental house and stay there along with her parents till 31^st October 2012. The petitioner and her husband and all other members in the household of the petitioner are directed not to harass or torture Nimisha in any manner whatsoever. They will create an atmosphere of amity and love in the house so that Nimisha will feel at home in her house. Nimisha shall be brought back to this court at 10.15 a.m. on 31/10/2012. The first respondent is directed not to contact or attempt to contact Nimisha in any manner during the period of her stay in the petitioner's house pursuant to this order. In fact, during our interaction with the first respondent we apprised him of what is reported to us by the Family Counsellor of People's Council for Social Justice.

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A Woman Police Constable attached to the 2^nd respondent Police Station in plain cloth will visit Nimisha in the house of the petitioner every alternate day during her stay in the petitioner's house pursuant to this order and interact with her. If any serious complaint is raised before her by Nimisha regarding her stay in the house, she should convey the same to Aboobacker, the learned Senior Government Pleader, who can

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W.P.(C) No.350 /2012

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bring the same to the notice of this court by filing a memo or interlocutory application.

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Handover copy of this order to the counsel for the parties

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and to Mr.Aboobacker, learned senior Government Pleader.

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Post on 31/10/2012.

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PIUS C.KURIAKOSE, JUDGE

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BABU MATHEW P.JOSEPH, JUDGE.

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dpk

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W.P.(C) No.350 /2012 13

Somalal, W/O.Ramachandran v. Ajith, S/O.Baby

Case brief

What is this about?

What did the court decide?

Somalal, W/O.Ramachandran v. Ajith, S/O.Baby

Case brief

What is this about?

What did the court decide?

What the court decided

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