IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WP(Crl.).No.250 OF 2020
PETITIONER/S:
MAHESH SUGATHAN
AGED 34 YEARS
S/O.SUGATHAN.S,KRISHNA NIVAS,T.C.01/1650,MEDICAL
COLLEGE(PO),THIRUVANANTHAPURAM-695011.
BY ADVS.
SRI.PHIJO PRADEESH PHILIP
SRI.P.V.ANOOP
SRI.M.P.PRIYESHKUMAR
SRI.K.V.SREERAJ
RESPONDENT/S:
1 SUB INSPECTOR OF POLICE,
FORT POLICE STATION,THIRUVANANTHAPURAM,
PIN-695004.
2 CIRCLE INSPECTOR OF POLICE,
FORT POLICE STATION,
THIRUVANANTHAPURAM ,PIN-695004.
3 THE DISTRICT POLICE CHIEF,
THIRUVANANTHAPURAM,PIN-695001.
4 SUB INSPECTOR OF POLICE,
POONTHURA POLICE STATION,
THIRUVANANTHAPURAM,PIN-695004.
5 P.VIDYADARAN,
AGED 65 YEARS
S/O.PADMANABAN,NIKHIL ELLAM,
SREEVARAH NAGAR,VALLAKKADAVU(PO),
THIRUVANANTHAPURAM DISTRICT,
PIN-695008.
WP(Crl.).No.250 OF 2020
2
6 GEETHA VIDYADARAN,
AGED 55 YEARS
W/O.VIDHYADARAN,NIKHIL ELLAM,
SREEVARAH NAGAR,VALLAKKADAVU(PO),
THIRUVANANTHAPURAM DISTRICT,
PIN-695008.
7 NIKHIL,
AGED 32 YEARS
S/O.VIDYADHARAN,NIKHIL ELLAM,
SREEVARAH NAGAR,VALLAKKADAVU(PO),
THIRUVANANTHAPURAM DISTRICT,PIN-695008.
8 ANOOJ,
AGED 32 YEARS
S/O.SUKUMARAN,MEENAKSHI MANDIRAM,
PARUTHIPALLI,NEAR S.N.D.P.SAKHA,
KATTAKKADA,THIRUVANANTHAPURAM DISTRICT,PIN-695572.
9 ANEESH,
AGED 30 YEARS
S/O.SUKUMARAN,MEENAKSHI MANDIRAM,
PARUTHIPALLI,NEAR S.N.D.P.SAKHA,
KATTAKKADA,THIRUVANANTHAPURAM,PIN-695572.
R5-9 BY ADV. SRI.V.AJAKUMAR
R5-9 BY ADV. SRI.SIDHARTH A.MENON
R5-9 BY ADV. SHRI.VASIL T.K.
OTHER PRESENT:
R1- 4 BY SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No.250 OF 2020
3
JUDGMENT
Dated this the 4th day of January 2021 K. Vinod Chandran, J.
The petitioner seeks production of his child who is said to be with the 5th and 6th respondents. The fifth and sixth respondents are the maternal grandparents of the child. The mother is no more, having expired in September, 2020. Admittedly, there were proceedings pending before the Family Court even prior to the death of the mother - the wife of the petitioner. O.P.No.2982/2019 is an original petition filed for divorce by the wife of the petitioner. The petitioner is said to have filed O.P.No.2983/2019 for permanent custody of the child.
2. Presumably, the custody of the child was with the mother and there is also said to be an arrangement between the mother and the father for interim custody. These are all matters which could be agitated before the Family Court.
3. As of now, since the mother is no more, the maternal grandparents have not been impleaded before the Family Court. It is for the petitioner to seek impleadment of the maternal WP(Crl.).No.250 OF 2020 4 grandparents and file an application for production of the child, interim custody or such other reliefs as he may deem fit. We leave that remedy open and do not find any illegal detention of the child who is with the maternal grandparents. We hence dismiss the writ petition leaving open the remedy before the Family Court.
Sd/-
K.VINOD CHANDRAN JUDGE Sd/-
M.R.ANITHA
SHG JUDGE
WP(Crl.).No.250 OF 2020
5
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 09.09.2020
FILED BY THE PETITIONER BEFORE THE INSPECTOR OF POLICE,POONTHURA POLICE STATION EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED NIL FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT,THIRUVANANTHAPURAM EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPHS PORTRAYING THE LOVE AND AFFECTION OF THE PETITIONER WITH HIS CHILD.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R5-1: TRUE COPY OF THE FIR IN FORT POLICE STATION CRIME NO.1645/2020.
EXHIBIT R5-2: TRUE COPY OF THE O.P.(CAVEAT) DATED 25/05/2020.
EXHIBIT R5-3: TRUE COPY OF THE FIR IN POONTHURA POLICE STATION CRIME NO.1061/2020.