IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(Crl.).No.322 OF 2020
PETITIONER
JOLSANA
AGED 33 YEARS
W/O ABHILASH,NOW RESIDING AT VALIAPARAMBIL
HOUSE,THALAPPILLY TALUK,PARITHIPARA.P.O, THRISSUR
DISTRICT,PIN-680590.
BY ADVS.
SRI.SAM ISAAC POTHIYIL
SMT.TINU JOHNSON
SHRI.VISHNU DAS
SRI. SRUTHI DAS
SHRI.JOMON P MOHAN
SHRI.PHILIP ARUN M.N.
SMT.JISHMA K.S
RESPONDENTS
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,HOME
DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695001.
2 THE DIRECTOR GENERAL OF POLICE,
POLICE HEADQUARTERS,THIRUVANANTHAPURAM,
PIN-695010.
3 THE COMMISSIONER OF POLICE,
THRISSUR,KERALA,PIN-680022.
4 STATION HOUSE OFFICER,
THRISSUR WEST FORT POLICE STATION,
5 THE CHILD WELFARE COMMITTEE,
WP(Crl).322/2020
2
THRISSUR,KERALA,PIN-680321.
6 KUMARI,
AGED 54 YEARS
W/O PUSHPAKARAN,SANKARACKAL HOUSE,
SARANATTUKARA VILLAGE,ELTHURUTH.P.O,
THRISSUR TALUK,PIN-680611.
R6 BY ADV. SRI.PREMCHAND M.
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD
ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(Crl).322/2020
3
JUDGMENT
Dated : 7th January, 2021 M.R.Anitha, J.
1.This writ petition has been filed seeking for a direction to produce the body of the detenue Devananth aged ten years, son of the petitioner.
2.Devananth is alleged to be in the illegal custody of the 6th respondent. According to the petitioner, there are matrimonial disputes pending between the petitioner and her husband. Three children are born in their wedlock. Due to severe physical torture meted out at the instance of her husband and relatives she left the matrimonial home along with two elder children. The husband and the near relatives assured that the detenue would be send back soon. But they did not return the minor child to the petitioner. A crime was also registered against the husband and relatives under Sec.498A of IPC. Guardian OP 1011/2020 for the custody of the minor detenue, was filed along with an Interlocutory Application for interim custody of the minor child. But due to the pandemic situation she did not get any order in the WP(Crl).322/2020 4 G.O.P, granting interim custody of the minor. Crime 1485/2020 of Thrissur west police station was registered against the husband on a complaint lodged by the victim under Secs.376(2)
(n), 511 and 312 of IPC and he was arrested and remanded to judicial custody on 7.12.2020. So the life of the detenue is under threat and hence immediate steps are necessary to trace out the detenue. Detailed complaints were also made to the respondent to trace out the detenue. Hence the petitioner approached this Court with the present writ petition.
3.Notice was issued to the respondent and report called for from the Family Court, Thrissur. In the report filed by the Family Court, it has been specifically stated that Guardian OP was filed on 21.7.2020 but there was no application for interim custody of the child. Subsequently IA 1/2020 was filed on 23.10.2020 but that was not pursued and it was not brought to the notice of the Court either on 23.10.2020 or thereafter. The statement in the Writ Petition that the Family Court is not entertaining any advance application due to COVID-19 pandemic is also denied by the learned Family Court Judge.
4.However, admittedly by the petitioner, the WP(Crl).322/2020 5 Guardian OP has been filed before the Family Court seeking custody of the detenue Devananth. The learned counsel for the petitioner would contend that the OP has been filed against the husband and the detenue is now in the custody of the 6th respondent who is the mother-in-law. If at all the detenue is in the custody of the mother-in-law, that also cannot be termed an illegal custody. It is open for the petitioner to implead the 6th respondent if the minor is in the custody of the 6th respondent and seek appropriate relief before the Family Court, Thrissur where G.O.P 1011/2020 is pending.
5.In the result, we do not find any reason to entertain this writ petition and accordingly it is dismissed.
K.VINOD CHANDRAN Judge M.R.ANITHA Judge Mrcs/7.1.
WP(Crl).322/2020 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF FIR DATED 29.06.2020 IN CRIME NO.1048/2020 OF THRISSUR WEST POLICE STATION, THRISSUR DISTRICT.
EXHIBIT P2 TRUE COPY OF THE GOP NO.1011/2020 FILED BEFORE THE FAMILY COURT,THRISSUR.
EXHIBIT P3 TRUE COPY OF THE CASE STATUS OF THE FAMILY COURT,THRISSUR IN GOP 1011/2020.
EXHIBIT P4 TRUE COPY OF THE FIR IN CRIME NO.1485/2020 OF THRISSUR WEST POLICE STATION,THRISSUR DISTRICT DATED 05.11.2020 AGAINST THE PETITIONER'S HUSBAND.
EXHIBIT P5 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT EXHIBIT P6 TRUE COPY OF THE E-MAIL RECEIPT DATED 10.12.2020 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE E-MAIL RECEIPT DATED 10.12.2020 ISSUED BY THE 3RD RESPONDENT EXHIBIT P9 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.