Sajna vs The Deputy Superintendent Of ...
2021 Latest Caselaw 7914 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 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

                         WP(Crl.).No.67 OF 2021


PETITIONER:

               SAJNA, AGED 31 YEARS
               D/O.SHAJAHAN, ZEENAT MANZIL, THUMBODU DESOM, VALIKODE
               VILLAGE, NEDUMANGAD TALUK, THIRUVANATHAPURAM-695 541.

               BY ADV. SRI.LATHEESH SEBASTIAN

RESPONDENTS:

      1        THE DEPUTY SUPERINTENDENT OF POLICE
               NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695 541.

      2        THE STATION HOUSE OFFICER,
               NEDUMANGAD POLICE STATION,
               THIRUVANANTHAPURAM DISTRICT-695 541.

      3        JASMIR KHAN,
               ZEENAT MANZIL, THUMBODU DESOM, VALIKODE VILLAGE,
               NEDUMANGAD TALUK, THIRUVANANTHAPURAM-695 541.

      4        ZEENATH BEEVI, AGED 55 YEARS
               ZEENAT MANZIL, THUMBODU DESOM, VALIKODE VILLAGE,
               NEDUMANGAD TALUK, THIRUVANANTHAPURAM-695 541.

               R1-2 BY SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND
               R3-4 BY ADV. SRI.B.THARIF




     THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl.).No.67 OF 2021                  2




                                 JUDGMENT

K. Vinod Chandran, J.

The petitioner is the mother of a minor girl, who has approached this Court specifically pointing out that the minor girl was taken away by her father, the 3rd respondent. In fact the specific submission, even in the writ petition, is that the petitioner is living along with the 4th respondent in the marital home as per the order of residence obtained in a petition filed under the Domestic Violence Act.

2. We directed the father, the 3rd respondent, to produce the child before us. The child was produced before us. We interacted with her. The 11 year old minor child told us that the mother was planning to put her in a Boarding School and that she tortures her. We talked with the mother and permitted the mother to interact with the child for more than one hour.

3. On further interaction, the mother submitted that the father has purchased a mobile phone and a Tab for the minor girl, which is misused by her. In that circumstance the mother had scolded her and threatened that she will be put in a residential Madrasa at Kayamkulam. We specifically directed the

petitioner not to put her daughter in any residential Madrasa as threatened. We also directed the minor child to be careful with respect to the use of mobile phone. We are of the opinion that as of now the child should be put in the custody of the mother, who is residing along with the 4th respondent, her mother-in- law.

4. We permit the 3rd respondent to visit the minor girl at the petitioner's marital home, where his mother is also residing. The father is allowed to associate with the minor girl in the three days when he usually resides in the house of the 4 th respondent, but it is made clear that the 3rd respondent shall not take the child anywhere from the premises. We leave the parties to approach the Family Court if any question of guardianship arises between them. Till then the order passed above would govern the status.

The writ petition is disposed of.

Sd/-

K.VINOD CHANDRAN, JUDGE.

Sd/-

M.R. ANITHA, JUDGE.

sp/08/03/2021 //True Copy//

P.A. To Judge

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITION IN OP NO.1291/2018 ON THE FILE OF FAMILY COURT, ATTINGAL.

EXHIBIT P2 TRUE COPY OF THE NEWS PUBLISHED IN MALAYALA MANORAMA DAILY.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT OF THE PETITIONER SUBMITTED BEFORE THE 2ND RESPONDENT DATED 31.10.2020.

EXHIBIT P3 A TRUE COPY OF THE RECEIPT ISSUED BY 2ND RESPONDENT DATED 01.11.2020.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE CHILD WELFARE COMMITTEE, THIRUVANANTHAPURAM DATED 03.11.2020.

RESPONDENTS' EXHIBITS:

EXHIBIT R3(A) COPY OF FIR NO.5279/2020 DATED 06.11.2020 OF NEDUMANGAD POLICE STATION.

EXHIBIT R3(B) COPY OF THE PETITION IN MC NO.74/2020 DATED 10.11.2020.

EXHIBIT R3(C) COPY OF THE PROTECTION ORDER AGAINST THE PETITIONER IN M.C. NO.74/2020 DATED 11.11.2020.

EXHIBIT R3(D) COPY OF THE MEDICAL RECORD DATED 01.11.2020

EXHIBIT R3(E) COPY OF THE COMPLAINT FILED BY THE GIRL CHILD [SUNAINA] DATED 31.10.2020.

EXHIBIT R3(F) COPY OF PETITION FILED BEFORE THE CHIEF MINISTER BY THE GIRL CHILD [SUNAINA].