Soumya vs State Of Kerala
2021 Latest Caselaw 2604 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                       WP(C).No.391 OF 2021(Y)


PETITIONER:

               SOUMYA,
               AGED 34 YEARS,
               VADAKKEKARA PUTHANVEEDU, PALOLIPARAMBA,
               PERINTHALMANNA, MALAPPURAM DISTRICT, PIN - 676 121.

               BY ADVS.
               SMT.C.P.ROOPA
               SRI.DEEPAK RAJ

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY,
               MINISTRY OF SOCIAL JUSTICE AND WOMEN AND CHILD
               DEVELOPMENT, SECRETARIAT,
               THIRUVANANTHAPURAM DISTRICT, PIN - 695 001.

      2        THE DISTRICT COLLECTOR,
               COLLECTORATE, CIVIL STATION, CIVIL STATION ROAD,
               THIRUVANANTHAPURAM DISTRICT, PIN - 695 043.

      3        CHILD WELFARE COMMITTEE,
               GOVERNMENT CHILDREN HOME, POOJAPURA,
               THIRUVANANTHAPURAM DISTRICT, PIN - 695 012.

*ADDL. R4      CHILD WELFARE COMMITTEE,
               REPRESENTED BY ITS CHAIRMAN,
               OBSERVATION HOME, THANAVOOR,
               MALAPPURAM DISTRICT, PIN - 676 505.

               *ADDL.R4 IS IMPLEADED AS PER ORDER DATED 20.01.2021
               IN I.A.NO.1/2021 IN WP(C) NO.391/2021.

               BY ADV. SMT. PRINCY XAVIER, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.391 OF 2021(Y)

                                2

                             JUDGMENT

This writ petition was filed at a time

when the petitioner's child was under the care

and custody of the Child Welfare Committee,

Thiruvananthapuram, complaining that the 3rd

respondent was not allowing the petitioner to

meet the child or was not handing over the

child to the petitioner, despite applications.

It is stated that child was given in custody

of 3rd respondent when the petitioner was

undergoing treatment at Government Medical

College, Thiruvananthapuram and was not

physically fit to take care of the child.

2. At the time when the writ petition was

filed, petitioner was at Malappuram and

therefore the child was also shifted to the

Child Welfare Committee, Malappuram by the

Child Welfare Committee at Thiruvananthapuram

on 11.01.2021. Subsequently, the Child WP(C).No.391 OF 2021(Y)

Protection Officer, Thiruvananthapuram had

handed over the child to the Child Welfare

Committee, Malappuram, on the basis of interim

orders passed by this Court.

3. The petitioner again complained that

CWC, Malappuram was not permitting her to

interact with the child and was denying her

the custody of the child. It was submitted by

the Government Pleader that the child was

entrusted with the Child Welfare Committee at

Thiruvananthapuram on the basis of Medical

Reports of the petitioner, in which she was

found to be medically unfit to handle the

child and therefore a further Medical Report

was found necessary.

4. Today when the matter came up for

consideration, the learned Government Pleader

submits that petitioner had interaction with

the child on 18.01.2021 in the presence of the WP(C).No.391 OF 2021(Y)

Child Welfare Committee and the mother as well

as the child were found to be deeply

affectionate. It is submitted that the CWC at

Malappuram, found it necessary to give the

custody of the child to the petitioner, in

order to protect the interest of child at the

tender age of character formation, and it is

stated that though the CWC suggested that the

child can be given custody of the petitioner,

petitioner informed that she would get the

child released after 2-3 weeks only on account

of some personal grounds. Learned Government

Pleader submits that the CWC as well as the

Officers under the Women and Child Welfare

Department would continue to monitor the

upbringing of the child and if necessary they

would take steps for its admission in the

school under it.

Therefore as at present, there cannot WP(C).No.391 OF 2021(Y)

be any complaint for the petitioner in getting

the child released at any time. I do not

therefore find it necessary to issue any

direction to the Child Welfare Committee at

Malappuram.

The writ petition is accordingly

disposed of, recording the submission of the

learned Government Pleader. Sd/-

P.V.ASHA JUDGE ww WP(C).No.391 OF 2021(Y)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE BIRTH CERTIFICATE OF AYANA.

EXHIBIT P2 A TRUE COPY OF THE PRESCRIPTION DATED 19.11.2020 ISSUED BY OOLANPARA MENTAL ASYLUM.

EXHIBIT P3 A TRUE COPY OF THE DETAILED REPRESENTATION DATED 21.12.2020 BEFORE THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED SUBMITTED BY THE PETITIONER BEFORE THE CHILD WELFARE COMMITTEE, MALAPPURAM DISTRICT.