Kerala High Court
Sandeep S Nair vs State Of Kerala on 19 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
WP(Crl.).No.175 OF 2020
PETITIONER:
SANDEEP S NAIR,
AGED 32 YEARS
S/O. SURENDRAN NAIR, SABARIBHAVAN HOUSE,
THEERTHAPADAPURAM P.O., KOTTAYAM - 686 505.
BY ADV. SRI.LEGITH T.KOTTAKKAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME AFFAIRS,
THIRUVANANTHAPURAM , PIN - 695 001.
2 STATION HOUSE OFFICER,
PALLIKKATHODU POLICE STATION, PALLIKKATHODU, KOTTAYAM,
KERALA, PIN - 686 503.
3 DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE,
KOTTAYAM COLLECTORATE, KOTTAYAM, KERALA, PIN-686 002.
4 SETHULEKSHMI.G.,
AGED 28 YEARS
W/O.SANDEEP S NAIR, RESIDING AT EDAYADIYIL HOUSE,
KARAKKAD, KOTTA P.O., PATHANAMTHITTA - 689 504.
5 GOPAKUMAR T.K.,
AGED 59 YEARS
RESIDING AT EDAYADIYIL HOUSE, KARAKKAD, KOTTA P.O.,
PATHANAMTHITTA - 689 504.
6 RADHAMANI.C.R.,
AGED 58 YEARS
RESIDING AT EDAYADIYIL HOUSE, KARAKKAD, KOTTA P.O.,
PATHANAMTHITTA - 689 504.
R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND
R4 TO R6 BY ADV. SRI.T.K.BIJU (MANJINIKARA)
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No.175 of 2020 2
JUDGMENT
Dated this the 19th day of January, 2021
Vinod Chandran, J.
We see that another Division Bench of this Court had passed
an order dated 1.10.2020. The operative portion of which is
extracted hereunder:
"a. The petitioner is entitled to have visitation
right with Miss Samvrutha S.Nair. The venue is
Aranmula Police Station.
b. The time is between 3.00 p.m. and 6.00 p.m. on
Saturdays, commencing from 03.10.2020.
c. The petitioner while enjoying the visitation
right with his daughter, is directed to get the son, who is in
his custody, so that 4th respondent at the same time gets an
opportunity to interact with her son.
d. The petitioner and the 4th respondent are
directed not to take or remove the children beyond the
jurisdiction of Aranmula Police Station during the
visitation right. The first visitation will commence on
03.10.2020."
2. The learned Counsel for the petitioner submits that the
petitioner, who is the father of the children, is terminally ill, in
which event, he approached this Court and not the Family Court.
3. In the above circumstance, the order shall be made
absolute for a period of one year. If some modification is required,
either of the parties can file a petition to restore the writ petition.
However, if either of the parties approaches the Family Court, then
our order shall be subject to what is decided by the Family Court.
The writ petition is disposed of with the above observation.
Sd/-
K.VINOD CHANDRAN
JUDGE.
Sd/-
M.R.ANITHA
JUDGE.
Bb/19/1/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE MEDICAL CERTIFICATE DATED
06.07.2020 ISSUED BY THE AMRITHA
INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH, COCHIN.
EXHIBIT P2 COPY OF THE MARRIAGE CERTIFICATE NO.
1572/2013 DATED 16.01.2014 ISSUED BY
ARANMULA GRAMA PANCHAYATH.
EXHIBIT P3 COPY OF THE MEDICAL CERTIFICATE DATED
19-08-2020 ISSUED BY THE AMRITHA
INSTITUTE OF MEDICAL SCIENCES AND
RESEARCH, COCHIN.
EXHIBIT P4 COPY OF THE COMPLAINT DATED 14.08.2020
SUBMITTED BEFORE THE 2ND RESPONDENT.
EXHIBIT P4 (a) ENGLISH TRANSLATION OF EXT.P4.
EXHIBIT P5 COPY OF THE E-MAIL DATED 15/09/2020
SENT BY THE PETITIONER ALONG WITH THE
REPLY AFFIDAVIT.
RESPONDENTS' EXHIBITS: NIL
//True Copy//
P.A. To Judge
Bb
