The High Court set aside a custody order passed by the Child Welfare Committee granting custody to the father, as it was passed without hearing the mother, violating natural justice principles. Pending family court proceedings, custody was left to the Family Court's determination.
Annexure A2 set aside with liberty to agitate custody before the Family Court.
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.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
RPJJ NO. 1 OF 2021
AGAINST ORDER DATED 26.5.2020 IN OP 56/PA/2020 OF THE CWC, THRISSUR
REVISION PETITIONER/NOT MADE A PARTY IN PROCEEDINGS:
ARCHANA, AGED 32 YEARS, MUKKULAM HOUSE, W/O BIJOY MADATHILKKARA DESAM, PULLUR VILLAGE, IRINJALAKUDA P.O., PIN-680 121.
BY ADVS.NIRMAL. S, SMT.VEENA HARI
RESPONDENTS/STATE & COMPLAINANT:
BY ADVS.SRI.MAHESH V.MENON
SR. GP SRI. S GOPINATHAN FOR R1 AND R2
THIS REV.PETITION(JUVENILE JUSTICE) HAVING COME UP FOR ADMISSION ON 15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
R.P.(JJ) No.1/2021
J U D G M E N T
Dated this the 15th day of July, 2021
A.Muhamed Mustaque,J.
An order passed by the Child Welfare Committee restoring the custody of child to the father is questioned by the mother in this revision petition.
R.P.(JJ) No.1/2021
-:3:-
erred in exercising its jurisdiction and giving custody of the child to the father for the reason that the mother was not heard before passing such an order. It is submitted that finding of facts as against the mother had been made without giving an opportunity to discredit such finding of facts.
R.P.(JJ) No.1/2021
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Accordingly, we dispose of this revision petition by setting aside Annexure A2 with liberty to agitate the question of custody of the child before the Family
Court. Sd/-
A.MUHAMED MUSTAQUE
JUDGE
sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
R.P.(JJ) No.1/2021
-:5:-
APPENDIX OF RPJJ 1/2021
PETITIONER ANNEXURE
ANNEXURE A1 CERTIFIED COPY OF THE PROVISIONAL ORDER DATED 18.01.2020 WITH ENGLISH TRANSLATION. ANNEXURE A2 TRUE COPY OF THE OREDER DATED 26/05/2020 IN OP NO.56/PA/2020 BEFORE THE CHILD WELFARE COMMITTEE, THRISSUR WITH ENGLISH TRANSLATION
3 issues framed by the court
Whether the custody order passed by the Child Welfare Committee was valid when the mother was not given an opportunity to be heard.
Whether principles of natural justice under Section 3(xvi) of the Juvenile Justice Act, 2015 were violated in the custody dispute.
Whether the High Court should interfere with the custody order pending family court proceedings on the same matter.
1 provisions across 1 enactments
ARCHANA
STATE OF KERALA
CHILD WELFARE COMMITTEE, THRISSUR
BIJOY
A.MUHAMED MUSTAQUE
DR. KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
