Alfiya vs State Police Chief (Kerala)
2021 Latest Caselaw 8364 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                         &
                   THE HONOURABLE MRS. JUSTICE M.R.ANITHA
           FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942
                           WP(Crl.).No.72 OF 2021


PETITIONER:

                 ALFIYA,AGED 24 YEARS, W/O. SHIHABUDHEEN, PONNIYATHU VAYAL,
                 SARGHADHARA NAGAR 191, ERAVIPURAM, NOW RESIDING A T
                 THODIYIL, THEYKKAYTHI (H), KOLLOOR VILA NAGAR 10,
                 KAVALPURA, ERAVIPURAM, MUNDAKKAL VILLAGE, KOLLAM 691 011.

                 BY ADVS.
                 SMT.V.H.JASMINE
                 SRI.JESWIN P.VARGHESE
                 SMT.RAHMATH C.A.

RESPONDENTS:

       1         STATE POLICE CHIEF (KERALA)
                 POLICE HEAD QUARTERS, VAZHUTHAKADU, THYCAUD P.O.
                 THIRUVANANTHAPURAM 695 014.

       2         THE DISTRICT POLICE CHIEF,
                 MUNDAKKAL, MUNDAKKAL P.O. KOLLAM 691 001.

       3         THE ASSISTANT COMMISSIONER OF POLICE,
                 OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, MUNDAKKAL
                 MUNDAKKAL P.O. KOLLAM 691 001.

       4         STATION HOUSE OFFICER,
                 ERAVIPURAM POLICE STATION, ERAVIPURAM P.O. KOLLAM DISTRICT
                 691 011.

       5         THAJUNNISA,AGED 35 YEARS, W/O. SHANAVAS, KATTUVAYAL
                 PURAYIDAM, PALLIMUKKU, VADAKKEY VIA P.O. VADAKKEY VILA
                 VILLAGE, KOLLAM 691 010.

       6         JUBARIYA,AGED 62 YEARS, D/O. MUHAMMED HANEEFA, KTN 46,
                 PAWRAMBIL (H), THEKKEYVILACHERI, ERAVIPURAM P.O. KOLLAM
                 DISTRICT 691 011.


                 R5-6 BY ADV. SRI.K.RAKESH
OTHER PRESENT:

                 R1-R4 SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND

     THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY              HEARD   ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(Crl) No. 72 of 2021

                                         :: 2 ::

                K. Vinod Chandran & M.R. Anitha, JJ.
                -------------------------------------
                        W.P(Crl)No.72 of 2021
                 ------------------------------------
               Dated, this the 12th day of March, 2021

                                     JUDGMENT

Vinod Chandran, J.

The petitioner by the above writ petition

sought for return of her minor child from the custody

of the 5th respondent, her sister-in-law. The husband

of the petitioner is working abroad and the

petitioner, allegedly in search of employment, had

left her matrimonial home, entrusting the child with

the 5th respondent, her husband's sister. The

respondents 5 and 6 however, registered a man-missing

case against the petitioner, as is evidenced from

Ext.P1. The petitioner thus, appeared before the

Magistrate Court and she was allowed to go on her own

free will; having stated that she is not in the

illegal custody of anyone.

2. However, when she attempted to get back her

child, the respondents 5 and 6 refused to handover the

child. We directed the child to be produced before

us. Respondents 5 and 6 produced the child before us. W.P(Crl) No. 72 of 2021

:: 3 ::

We first interacted with the 6th respondent in

Chambers, who made a number of allegations against her

daughter-in-law, the petitioner. The child was also

along with the 6th respondent. We directed the 6th

respondent to remain outside keeping the child inside

the Chambers and then asked the petitioner to come in.

As soon as the petitioner came she called the child

and the child willingly went to her. We do not think

that the allegations made of the petitioner torturing

the child, is correct.

3. We again interacted with the respondents 5

and 6 who were concerned about the safety of the

child. We were of the opinion that none would be more

concerned than the mother, the petitioner. The

petitioner also told us that she had gone in search of

an employment entrusting the child with her

sister-in-law after informing her husband. Her in-laws

were however enimical towards her. We do not say

anything further on those aspects since we are

concerned only with the child, since admittedly the

father is abroad and the mother had the custody of the W.P(Crl) No. 72 of 2021

:: 4 ::

child. It is only proper that she be allowed to

retain the custody, though she has now gone out of the

marital home. We were informed that the petitioner

had come to Court along with her family and we also

interacted with the maternal grandfather of the

petitioner.

We hence directed handing over the child to

the petitioner allowing the above writ petition.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

M.R.ANITHA JUDGE Jma W.P(Crl) No. 72 of 2021

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APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE F.I.R. IN CRIME NO.

145/2021 DATED 14.01.2021 OF ERAVIPURAM POLICE STATION.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 17.02.2021 GIVEN BY PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE PETITION DATED 20.02.201 SUBMITTED BY PETITIONER BEFORE TH 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE RECEIPT FOR EXHIBIT P3 ISSUED FROM THE OFFICE OF 3RD RESPONDENT DATED 20.02.2021.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE OF MARRIAGE OF THE PETITIONER DATED 20.09.2014 ISSUED BY REGISTRAR OF MARRIAGE (COMMON), CORPORATION OF KOLLAM.

EXHIBIT P6 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONERS SON DATED 23.03.2017 ISSUED BY THE REGISTRAR, OF BIRTH AN DEATHS, CORPORATION OF KOLLAM.