This judgment disposed of a criminal writ petition regarding custody of a minor child, finding no illegal detention by respondents as the father held custody pending Family Court proceedings.
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 A.HARIPRASAD
&
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941
WP(Crl.).No.72 OF 2020-S
PETITIONER:
BINJA BASHEER,W/O.SAJITH SURESH, AGED 30 YEARS, ASWATHY, ADINADU NORTH P.O., ADINADU VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN-690542.
BY ADV. SRI.ARUN MATHEW VADAKKAN
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF, ALAPPUZHA-688001.
4 ANSHAD KUNJUMON, S/O.KUNJUMON, A.S.MANZIL, OLAKETTIYAMBALAM P.O., PERINGALA VILLAGE, KOYPALLIKARAZHMA, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT, PIN-690510.
S/O.ALIKUNJU, BINJA GARDEN, NEELIKULAM MURI, K.S.PURAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT-690544.
W/O.BASHEER, BINJA GARDEN, NEELIKULAM MURI, K.S.PURAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT-690544.
R1 TO R3 BY SHRI ALEX M.THOMBRA, SR.PUBLIC PROSECUTOR R4 TO R6 ADV.SHRI T.S.HARIKUMAR
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.)No.72 of 2020
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A.HARIPRASAD & N.ANIL KUMAR, JJ.
W.P.(Crl.) No.72 of 2020
Dated this the 3rd day of March, 2020
JUDGMENT
Hariprasad, J.
Heard the learned counsel for petitioner and respondent. Learned Public Prosecutor is also heard.
W.P.(Crl.)No.72 of 2020 3
4th respondent has been dissolved by an order passed in the aforementioned original petition. Thereafter respondents 4 to 6 preferred O.P.(G&W) No.773 of 2019 before the Family Court, Chavara to get permanent custody of minor child Berza Anshad, aged 5 years. 4th respondent applied for interim custody of the child also. Therein an exparte order was passed by the Family Court. Since the child could not be traced out, 4th respondent approached this Court with W.P.(Crl.) No.352 of 2019 seeking production of the child. The child was produced as directed by this Court and she was given in custody to 4th respondent. This Court permitted the petitioner to move the Family Court with appropriate application in O.P. (G&W) No.773 of 2019 for setting aside the exparte interim order. Thereafter the petitioner moved the Family Court and got an order granting interim custody of the child to her. Though the order was passed on 25.02.2020, it could not be executed.
W.P.(Crl.)No.72 of 2020
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prayer in the writ petition cannot be allowed as the child is living safely with
her father, the 4th respondent. Therefore, the writ petition is closed.
A.HARIPRASAD, JUDGE.
N.ANIL KUMAR, JUDGE.
cks
W.P.(Crl.)No.72 of 2020
5
APPENDIX OF WP(Crl.) 72/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMMON ORDER IN I.A.NO.1851/2019, 01/2020 AND 02/2020 IN OP(G&W)773/2019 DATED 11.02.2020 BY THE FAMILY COURT, CHAVARA.
EXHIBIT P2 TRUE COPY OF THE ORDER IN I.A.NO.5 OF 2020 IN OP(G&W)773/2019 DATED 25.02.2020 BY THE FAMILY COURT, CHAVARA. EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED NIL SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER.
1 issue framed by the court
Whether writ intervention was required in view of the fact that the mother of the child was pursuing custody in Family Court
Binja Basheer
The District Police Chief
The Station House Officer
Sub Inspector of Police
Anshad Kunjumon
Basheer
A. Hariprasad
N. Anil Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
