Allowed

Krishnakumar.a. v. Gireesh Kumar

Kerala HC13 Feb 2012WP(Crl.)/40/2012

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition alleging illegal detention of the petitioner's wife and daughter. It permitted them to go with the brother, Sri. Aji Kumar, provided police protection was sought if needed, and preserved the petitioner's right to seek family court reliefs.

What did the court decide?

Permitted the alleged detenues (wife and daughter) to go with the petitioner's brother, Sri. Aji Kumar, with a direction for police protection if sought.

Krishnakumar.a. Vs Gireesh Kumar — 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 K.M.JOSEPH

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THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

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MONDAY, THE 13TH DAY OF FEBRUARY 2012/24TH MAGHA 1933

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WP(CRL.)No. 40 of 2012 (S)

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PETITIONER(S):

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KRISHNAKUMAR.A.

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S/O.AYYAPPAN PILLAI (LATE), ANUSHMA BHAVAN SOCIETY MUKKU, ARAKKAL VILLAGE, EDAYAM P.O. ANCHAL, KOLLAM DISTRICT.

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BY ADVS.SRI.M.RAJAGOPALAN NAIR

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SRI.G.BIJU

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RESPONDENT(S):

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GIREESH KUMAR SREE BHAVAN, ARAKKAL, EDAYAM P.O. ANCHAL, KOLLAM DISTRICT-691306.

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OMANA AMMA, SREE BHAVAN, ARAKKAL, EDAYAM P.O., ANCHAL KOLLAM DISTRICT-691306.

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JAYAKUMARI, W/O.GIREESH KUMAR, SREE BHAVAN, ARAKKAL, EDAYAM P.O., ANCHAL KOLLAM DISTRICT, PIN-691306.

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THE SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION, 691306.

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CIRCLE INSPECTOR OF POLICE, ANCHAL-691306.

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SUPERINTENDENT OF POLICE (RURAL), KOLLAM DISTRICT-691001.

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THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM PIN-695001.

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R4 TO R7 BY BY GOVERNMENT PLEADER SRI.DHANESH MATHEW MANJOORAN

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13-022012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPCR.NO.40/2012:

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EXT.P1.TRUE COPY OF THE MARRIAGE CERTIFICATE CERTIFYING THE MARRIAGE OF PETITIONER AND HIS WIFE SOLEMNIZED ON 24.4.2005.

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EXT.P2.TRUE COPY OF THE FIR IN CRIME NO.100/2012 OF ANCHAL POLICE STATION.

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K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.

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W.P.(Crl.) No.40 of 2012-S

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Dated, this the 13^th day of February, 2012

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J U D G M E N T

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K.M.Joseph, J.

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The alleged detenues in this case are the wife and daughter aged 5 years, of the petitioner. Allegation of illegal detention is made against the first respondent. Today, when the matter came up, the alleged detenues were produced. We interacted with the petitioner and the alleged detenue (wife). The petitioner is not prepared to take back his wife. The wife is also not prepared to go with the petitioner. The wife would tell us that she is prepared to go with her brother Sri.Aji Kumar. Sri.Aji Kumar is present today. He is willing to take the alleged detenues.

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In such circumstances, we dispose of the writ petition by permitting the alleged detenues to go with Sri.Aji Kumar. We direct that, if Sri.Aji Kumar seeks protection for his life and for the lives of the alleged detenues as against the first respondent, the police will provide adequate protection. We also make it clear that this will be without prejudice to the right of the petitioner to

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WPCRL 40/2012 -2-

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approach competent Family Court and seek such reliefs as he is advised including interim relief in regard to the custody of his

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daughter (alleged detenue).

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(K.M.JOSEPH) JUDGE.

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(M.L.JOSEPH FRANCIS) JUDGE.

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Krishnakumar.a. v. Gireesh Kumar

Case brief

What is this about?

What did the court decide?

Krishnakumar.a. v. Gireesh Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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