Remanded

Majida Beevi, v. State of Kerala

Kerala HC14 Jan 2020WP(C)/446/2020

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Child Welfare Committee to consider the petitioner's application for custody of her minor granddaughter, ascertain the child's wishes, and pass appropriate orders within three weeks.

What did the court decide?

Direction to the Child Welfare Committee to consider the custody application, hear the petitioner, ascertain the child's wishes, and pass orders within three weeks.

Majida Beevi, Vs State of Kerala — Child Custody and Guardianship | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941

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WP(C).No.446 OF 2020(E)

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PETITIONER:

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MAJIDA BEEVI, AGED 59 YEARS D/O. ASSUMA BEEVI, SAMMIL BUILDING, THOLICODE, THOLICODE P.O., NEDUMANGADU TALUK, THIRUVANANTHAPURAM

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BY ADVS.

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SRI.G.SUDHEER SRI.R.HARIKRISHNAN (H-308)

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL, SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001

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2 THE DISTRICT COLLECTOR THIRUVANANTHAPURAM DISTRICT, COLLECTORATE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695 043

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3 THE CHILD WELFARE COMMITTEE THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS CHAIR PERSON, GOVERNMENT CHILDREN'S HOME, POOJAPPURA, THIRUVANANTHAPURAM - 695 012

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4 NAJIMUDEEN

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S/O. SAINALUBDEEN, N.S. COTTAGE, KALLARA P.O., THIRUVANANTHAPURAM - 695 508

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GP. SMT. VINEETHA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.446 OF 2020(E)

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JUDGMENT

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This writ petition is filed seeking the following prayer:-

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“Issue a writ of mandamus or any other appropriate writ order or direction directing the 3^rd respondent to consider Ext.P4 within a time limit as prescribed by this Honourable Court." 2. Heard the learned counsel for the petitioner and the learned Government Pleader.

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It is submitted by the learned counsel for the petitioner that the petitioner is the maternal grandmother of Amjida, a child aged 10 years, who is presently housed in the SOS model home, Mudavanmughal. It is submitted that there are allegations with regard to abuse of the child and that criminal proceedings have been initiated against the father, step mother and step brother of the child. The learned counsel for the petitioner submits that Ext.P4 application has been submitted before the Child Welfare Committee for the release of the minor child to the custody of the petitioner.

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The learned Government Pleader submits, on instructions, that Ext.P4 application is being considered by the Child Welfare Committee and a hearing of the matter has been posted to 16.01.2020. It is submitted that the child has

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WP(C).No.446 OF 2020(E)

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expressed her willingness to remain in the model home and that the access of the accused persons to the child, if her custody is granted to the petitioner will also have to be considered before Child Welfare Committee can pass orders.

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In view of the fact that the petitioner has submitted Ext.P4 application, which is being considered by the respondents, I am of the opinion that factual aspects of the matter have to be considered by the Child Welfare Committee, taking note of the welfare of the child and her wishes as well. There will, accordingly, be a direction to the Child Welfare Committee to take up, consider and pass appropriate orders on Ext.P4 application preferred by the petitioner, after hearing the petitioner and ascertaining the wishes of the child and considering her welfare. Orders shall be passed within three weeks from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

Bng/15.01.2020

WP(C).No.446 OF 2020(E)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO.1073/2019 OF PANGODE POLICE STATION DATED 08.12.2019 EXHIBIT P2 TRUE COPY OF THE ORDER OF PLACEMENT NO.CWC/TVPM/1010/19 DATED 12.11.2019 ISSUED BY THE CHILD WELFARE COMMITTEE EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS IN CWC/TVPM/1010/19 DATED 12.11.2019 ISSUED BY THE CHILD WELFARE COMMITTEE EXHIBIT P4 TRUE COPY OF THE PETITION DATED 19.12.2019 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

Majida Beevi, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Majida Beevi, v. State of Kerala

Case brief

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