The High Court dismissed the withdrawn criminal writ petition relating to custody of a minor child, granting liberty to the petitioner to approach the Family Court for appropriate relief.
The writ petition was dismissed as withdrawn. Liberty was reserved for the petitioner to approach the Family Court for custody relief.
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 C.K.ABDUL REHIM
&
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI FRIDAY ,THE 14TH DAY OF SEPTEMBER 2018 / 23RD BHADRA, 1940
WP(Crl.).No. 376 of 2018
PETITIONER:
JINCY.C.A AGED 31 YEARS W/O JABER K E, JISHA MANZIL, KAIPAMANGALAM P O, THRISSUR DISTRICT, PIN-680681.
BY ADV. SMT.SHIBI. K.P.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY(HOME), SECRETARIAT, THIRUVANANTHAPURAM-695001
5 JABER K.E. AGED 41 YEARS S/O P.M.EBRAHIM HAJI, SUROOR MANZIL, NETTOOR P.O., MARADU VIA, ERNAKULAM DISTRICT, PIN-682040.
6 P.M.EBRAHIM HAJI AGED 78 YEARS PATTAMANA, MELMURI, MALAPPURAM AND PERMANENTLY RESIDING AT SUROOR MANZIL, NETTOOR P.O., MARADU VIA, ERNAKULAM DISTRICT, PIN-682040.
W.P (Crl.) No.376/2018
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8 MANAF AGED ABOUT 40 YEARS UNNICHIRA, EDAPPILLY, ERNAKULAM DISTRICT.
9 BHUSHRA AGED 35 YEARS, W/O NAVAS, SUROOR MANZIL, NETTOOR P.O., MARADU VIA, ERNAKULAM DISTRICT, PIN-682040.
OTHER PRESENT:
SR GP SRI. N.K.THANKACHAN FOR R1 TO R4
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 14.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AMG
W.P (Crl.) No.376/2018
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C.K. ABDUL REHIM, J. & R. NARAYANA PISHARADI, J.
W.P (Crl.) No. 376 OF 2018
DATED THIS THE 14th DAY OF SEPTEMBER, 2018
J U D G M E N T
Abdul Rehim, J:
After arguing the case for admission, for some time, learned counsel sought permission of this court to withdraw the writ petition reserving liberty of the petitioner to approach the Family Court seeking appropriate relief with respect to custody of the minor child (the alleged detenue).
Sd/-
C.K.ABDUL REHIM
JUDGE
Sd/-
R. NARAYANA PISHARADI
JUDGE
W.P (Crl.) No.376/2018
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE PETITIONER AND THE 5TH RESPONDENT DATED 9.2.2009 ISSUED BY THE LOCAL SELF GOVERNMENT, GOVT. OF KERALA.
EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT DATED 1.9.2018 SUBMITTED BEFORE THE 4TH RESPONDENT. EXHIBIT P3 THE TRUE COPY OF THE RECEIPT NO.328/P1/18/ET2 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT NUMBERED AS CMP 1325/2018 FILED BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, VIII (MARADU) ERNAKULAM.
RESPONDENTS' EXHIBITS
NIL
AMG
1 issue framed by the court
Whether the writ petition concerning custody of a minor child can be withdrawn with liberty to approach the Family Court.
JINCY.C.A
STATE OF KERALA
JABER K.E
P.M.EBRAHIM HAJI
V.A.HAFSA
MANAF
C.K. ABDUL REHIM
R. NARAYANA PISHARADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
