Disposed

Mr.Favas.K.a v. the Superintendent of Police

Kerala HC23 Aug 2017WP(Crl.)/319/2017

Case brief

AI extract

What is this about?

Petitioner challenged illegal detention of his minor child by mother-in-law and brother-in-law. Court issued directions to Station House Officer to arrange meetings while advising approach to Family Court for custodial reliefs.

What did the court decide?

Directions issued to Station House Officer to arrange meeting between petitioner and minor child at 4th respondent's residence.

Mr.Favas.K.a Vs the Superintendent of Police — Child Custody and Guardianship | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 23RD DAY OF AUGUST 2017/1ST BHADRA, 1939 WP(Crl.).No. 319 of 2017 (S) -----------------------------

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PETITIONER(S):

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MR.FAVAS.K.A AGED 29, S/O ABDUL AZEEZ, KALAPPURACKAL HOUSE, THIRUVAMBADI P.O., KOZHIKODE DISTRICT-673603. BY ADVS.SRI.C.R.SYAMKUMAR SRI.SOORAJ T.ELENJICKAL SRI.P.A.MOHAMMED SHAH SRI.K.ARJUN VENUGOPAL SMT.MARY RESHMA GEORGE SMT.V.A.HARITHA SMT.SANDHYA R.NAIR

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RESPONDENT(S):

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THE SUPERINTENDENT OF POLICE KOZHIKODE RURAL-673104. 2. THE INSPECTOR OF POLICE, PERAMBRA POLICE CIRCLE, PERAMBRA P.O., KOZHIKODE DISTRICT-673525. 3. THE SUB INSPECTOR OF POLICE, PERUVANNAMUZHI POLICE STATION, PERUVANNAMUZHI P.O., KOZHIKODE DISTRICT-673528. 4. MRS. MYMOONA, W/O KUNHAMMED, KOTTARATHIL, VILANGIPULLAL, KAYANNA P.O., PERAMBRA VIA, KOZHIKODE DISTRICT-673526. 5. MR.MUHSIN, S/O KUNHAMMED, KOTTARATHIL, VILANGIPULLAL, KAYANNA P.O., PERAMBRA VIA, KOZHIKODE DISTRICT-673526.

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R1 -R 3 BY SR GOVERNMENT PLEADER SRI.K.B.RAMANAND

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 23-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(Crl.).No. 319 of 2017 (S)

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 THE TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 30.03.2013. EXHIBIT P2 THE TRUE COPY OF THE BIRTH CERTIFICATE DATED 20.11.2013. EXHIBIT P3 THE TRUE COPY OF THE PASSPORT DATED 16.12.2013. RESPONDENT(S)' EXHIBITS NIL -----------------------

//TRUE COPY//

PS TO JUDGE

A.M. SHAFFIQUE & P.SOMARAJAN, JJ.

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======================= W.P(Crl) No. 319 of 2017

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================

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Dated this, the 23^rd day of August, 2017

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J U D G M E N T

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Shaffique, J.

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Petitioner is the father of minor child Raihan Favas. His complaint is that the minor child is being illegally detained by his mother-in-law and brother-in-law.

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Before issuing notice to the private respondents, we directed the Station House Officer to conduct an investigation into the averments made in the writ petition and file a report before this Court. The Station House Officer has filed a report before this Court along with the statement of respondents 4 and 5. According to them, there is matrimonial dispute between the petitioner and his wife. Petitioner had cancelled her visa. She had to come back, take another visa and go abroad. The child is with them. The mother-inlaw in her statement had stated that she has no objection in the petitioner seeing the minor child. Several mediations had taken

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WP(Crl) No.319/17

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place between the parties, but nothing fruitful has happened.

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Taking into account the fact that the only intention of the petitioner is to see the minor child, though we are exceeding our jurisdiction, the following directions are issued:-

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(i) That the petitioner shall contact the Station House Officer concerned and make a request, who shall make arrangements for the petitioner to see the minor child at the residence of the 4^th respondent.

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(ii) This judgment shall not preclude the petitioner from approaching the Family Court for appropriate reliefs.

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Writ petition is disposed of as above.

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A.M. SHAFFIQUE, JUDGE

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P.SOMARAJAN, JUDGE

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Rp23/8/2017

Mr.Favas.K.a v. the Superintendent of Police

Case brief

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Mr.Favas.K.a v. the Superintendent of Police

Case brief

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