Dismissed

Kamani S. Babu v. the Director General of Police

Kerala HC9 Dec 2019WP(Crl.)/425/2019

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging a mother's custody of her 8-year-old daughter in an alleged unlawful detention scenario. The Court held that the custody was not illegal and no family court remedy was approached, making writ jurisdiction inapplicable under Article 226.

What did the court decide?

The writ petition is dismissed. The petitioner is at liberty to seek appropriate remedies from the appropriate court.

Kamani S. Babu Vs the Director General of Police — Child Custody and Guardianship | Kerala HC (2019)

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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.HARILAL

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THE HONOURABLE MR.JUSTICE C.S.DIAS

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MONDAY, THE 09TH DAY OF DECEMBER 2019 / 18TH AGRAHAYANA, 1941

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WP(Crl.).No.425 OF 2019

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PETITIONER/S:

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KAMANI S. BABU, AGED 37 YEARS S/O.SATHEESH BABU, SREEVALSAM, PAREKKATTIL LANE, AZAD ROAD, KALOOR,KOCHI-682017.

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BY ADVS. SRI.SHABU SREEDHARAN SRI.ANOOP ANTONY SRI.P.K.SEBASTIAN AHRI.REJEESH M.A. SMT.VARADA SURENDRAN SMT.RADHIKA U.

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RESPONDENT/S:

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1 THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695014.

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2 THE STATION HOUSE OFFICER, KARAMANA POLICE STATION, KARAMANA P O, THIRUVANANTHAPURAM-695002.

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3 RAKHI HARIDAS, D/O. HARIDAS V, SIVAGOURI, TC 54/1452, JANATHA ROAD, KALADY, KARAMANA P O, THIRUVANANTHAPURAM-695002.

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4 HARIDAS V SIVAGOURI, TC 54/1452, JANATHA ROAD, KALADY, KARAMANA P O, THIRUVANANTHAPRUAM-695002.

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R1-2 BY SRI.K B RAMANAND GOVERNMENT PLEADER

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ADV. P RAHUL –R3, R4

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(CRL) 425 OF 2019

JUDGMENT

K.HARILAL, J.

The petitioner herein is the father of the alleged detenu as well as the husband of the 3^rd respondent herein. This writ petition has been filed on the allegation that the alleged detenu, his daughter by name, Srimayi Kamani, aged 8 years, is under the unlawful detention of the 3^rd respondent, her mother. 2. In compliance with the interim order of this Court, the detenu has been produced before this court by the 3^rd respondent. We have interacted with the 3^rd respondent. She denied the allegation that the child is under her unlawful detention. According to her, both the petitioner and herself were working and residing at Bangalore. While so, their marital relationship has become strained and thereafter she parted to live separately at Bangalore in a rented house. The child is studying in a school, by name,

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WP(CRL) 425 OF 2019

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VIBGYOR High School, Kadugodi, Bangalore, very near to the petitioner's residence. She admitted that there are marital disputes between the petitioner and herself. She wants to live separately along with the child. She does not want to go and resume cohabitation with the petitioner herein, for the time being.

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In view of the statement made before us, we find that the detenu is not under the custody of her own mother and none of them had approached the Family Court, seeking appropriate remedies, in accordance with law. Since the child is in the custody of the mother, it cannot be said that the custody is an illegal custody. It follows that there is no circumstance, warranting invocation of writ jurisdiction, under Article 226 of the Constitution of India. Hence, this writ petition is dismissed. The petitioner is at liberty to seek appropriate remedies from the appropriate

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WP(CRL) 425 OF 2019

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court, in accordance with law and this judgment will not stand in the way of such proceedings.

Sd/-

K.HARILAL

JUDGE

Sd/-

C.S.DIAS

Sks/9.12.2019

JUDGE

WP(CRL) 425 OF 2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE LAB RESULT OF THE PETITIONER DATED 10.09.2019. EXHIBIT P2 THE TRUE COPY OF THE TEST REPORT ISSUED FROM THE RAMAIAH ADVANCED TESTING LABORATORY DATED 26.11.2019. EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH COPY OF THE 2ND RESPONDENT DATED 27.11.2019.

Kamani S. Babu v. the Director General of Police

Case brief

What is this about?

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Kamani S. Babu v. the Director General of Police

Case brief

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