Dismissed

Pravitha R Krishnan v. the Commissioner of Police

Kerala HC25 Oct 2021WP(Crl.)/290/2021

Case brief

AI extract

What is this about?

Petitioner mother of a minor child filed a writ petition seeking habeas corpus for production of the child, alleging wrongful confinement by the child's father-in-law (4th respondent). The Court found no illegal detention as the custody was constructive on behalf of the child's father (not arraigned) and dismissed the petition in limine.

What did the court decide?

Petitioner granted no relief; writ petition dismissed in limine leaving rights to approach family court open.

Pravitha R Krishnan Vs the Commissioner of… — Child Custody and Guardianship | Kerala HC (2021)

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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.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

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MONDAY, THE 25^TH DAY OF OCTOBER 2021 / 3RD KARTHIKA, 1943 WP(CRL.) NO. 290 OF 2021

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CRIME NO.0/0 OF Sreekariyam Police Station, Thiruvananthapuram

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PETITIONER/S:

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PRAVITHA R KRISHNAN AGED 32 YEARS W/O RENJITH V., RESIDING AT GREEN LAND, ALTHARA, SREEKARIYAM, P.O., PIN - 695017, NOW RESIDING AT DHALAPTHIE, AALAMKODE, CHATHANPPARA P.O., ATTINGAL, PIN - 695605

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BY ADV SASTHAMANGALAM S. AJITHKUMAR

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RESPONDENT/S:

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1 THE COMMISSIONER OF POLICE THIRUVANANTHAPURAM CITY, OFFICE OF THE POLICE COMMISSIONER, VAZHUTHACAUD THIRUVANANTHAPURAM, PIN - 695014

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2 ASSISTANT COMMISSIONER OF POLICE CYBER CITY SUB DIVISION, KAZHAKUTTAM THIRUVANANTHAPURAM, PIN - 695582

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3 THE STATION HOUSE OFFICER SREEKARIYAM POLICE STATION, AKKULAM ROAD, BAPUJI NAGAR, SREEKARIYAM THIRUVANANTHAPURAM CITY, PIN - 695017.

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WP(Cr.) 290/2021

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4 VENUGOPAL AGED 79 YEARS S/O KRISHNA PILLAI, SRUTHILAYAM, TC- 21/1045, NEDUMKAD, KARAMANA P.O THIRUVANANTHAPURAM, PIN - 695002 5 PRATIBHA R KRISHNAN AGED 36 YEARS W/O ARUN RAJ, RESIDING AT NANDHANAM, THENOOR RESIDENCE, VELLAYANI P.O THIRUVANANTHAPURAM, PIN - 695020

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OTHER PRESENT:

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SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(Cr.) 290/2021

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K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.

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WP(Crl.) No.290 of 2021

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Dated this the 25th day of October, 2021

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J U D G M E N T

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Jayachandran, J.

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This writ petition is preferred by the mother of the minor child by name, Nakshatra, aged ‘11’, seeking her production before the court, with a further prayer to give custody of the minor to the petitioner. The petitioner would allege that the minor child is under wrongful confinement of the fourth respondent, who is the petitioner’s father-inlaw. According to the petitioner, the fourth respondent has no right to be the guardian of the minor and that her husband, who is the natural guardian of the minor, has divested his right of guardianship by neglecting to pay maintenance to the child and the petitioner.

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The petitioner would aver that she was married to the son of the fourth respondent on 20.11.2008. Thereafter, they lived as

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WP(Cr.) 290/2021

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husband and wife in the house of the fourth respondent for a period of four months. They left for Buhassan at Oman, where her husband was working. The petitioner had a very tough time there, since she was physically and mentally harassed by her husband, who is an alcoholic. When the petitioner became pregnant, she returned to her mother’s home and she gave birth to the minor girl child on 22.9.2010. When the baby was five months old, the petitioner, along with the baby, were taken to the house of the fourth respondent, from where she went to Oman with the child. Until January, 2021, the petitioner and the minor lived with her husband at Oman. On 9.10.2021, the petitioner returned to India, since she could not survive the domestic violence meted out against her by her husband. The fifth respondent forcibly took custody of the child after driving out the petitioner from the house and the child was handed over to the fourth respondent. A criminal case in this regard was registered as Crime No.1674/2021 before the jurisdictional police station for offences under Sections 323 and 324 of the Indian Penal Code

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WP(Cr.) 290/2021

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against the fifth respondent. According to the petitioner, her minor daughter is under wrongful confinement of the fourth respondent. On such premise, the petitioner seeks a writ of habeas corpus commanding production of the minor child with a further direction to give her custody to the petitioner.

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Heard the learned counsel appearing for the petitioner, Sri.Sasthamangalam S.Ajithkumar. Perused records.

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Having heard the learned counsel for the petitioner, this Court finds no ground to invoke its extraordinary jurisdiction under Article 226 of the Constitution of India in issuing a writ of habeas corpus. The alleged detenue/minor is in the custody of none other than the father-in-law of the petitioner, which can only be seen as a constructive custody on behalf of the petitioner’s husband, the father of the minor girl. It is curious to note that the father of the minor has not been arraigned as a respondent in this writ petition. This Court finds no illegal detention or wrongful confinement of the detenue/minor as alleged by the petitioner.

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WP(Cr.) 290/2021

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In the result, this writ petition is dismissed in limine , leaving

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open the rights of the petitioner to approach the jurisdictional family

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court as also to avail such other remedy available in law.

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Sd/-

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K.VINOD CHANDRAN JUDGE

Sd/-

C.JAYACHANDRAN JUDGE

WP(Cr.) 290/2021

APPENDIX

PETITIONER'S EXHIBITS

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EXHIBIT P1 : TRUE COPY OF THE CERTIFICATE OF MARRIAGE OF THE PETITIONER.

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EXHIBIT P2 : TRUE COPY OF THE GIFT DEED NO.4584/2008

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EXHIBIT P3 : TRUE COPY OF THE BIRTH CERTIFICATE OF NAKSHATRA RENJITH NAIR.

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EXHIBIT P4 : PHOTOGRAPHS OF THE INJURY SUSTAINED BY THE PETITIONER.

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EXHIBIT P5 : COPY OF THE MEDICAL RECORDS OF THE PETITIONER ISSUED BY THE MEDICAL OFFICER, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM.

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EXHIBIT P6 : COPY OF THE FIR IN CRIME NO.1674/21 UNDER SECTION 323 AND 324 IPC AGAINST THE 5TH RESPONDENT.

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EXHIBIT P7 : TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P8 : TRUE COPY OF THE PETITION FILED BEFORE R1.

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EXHIBIT P9 : TRUE COPY OF THE RECEIPT OF EXT.P8 PETITION

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EXHIBIT P10 : TRUE COPY OF THE COMPLAINT BEFORE R2.

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EXHIBIT P11 : TRUE COPY OF RECEIPT OF EXT.P10

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EXHIBIT P12 : TRUE COPY OF PETITION FILED BEFORE R3.

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EXHIBIT P13 : TRUE COPY OF RECEIPT OF EXHIBIT P12

Pravitha R Krishnan v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

Pravitha R Krishnan v. the Commissioner of Police

Case brief

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