Mahesh Sugathan vs Sub Inspector Of Police
2021 Latest Caselaw 63 Ker

                 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

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





                              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.