Kerala High Court
Shinu Jose vs The Deputy Superintendent Of ... on 16 March, 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 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942
W.P(Crl.).No.73 OF 2021
PETITIONER/S:
SHINU JOSE, AGED 38 YEARS, S/O.JOSE,
ACHARUKUDIYIL HOUSE, THOKKUPARA, PALLIVASAL VILLAGE,
THOKKUPARA P.O., IDUKKI DISTRICT-686541.
BY ADV.SRI.LATHEESH SEBASTIAN
RESPONDENT/S:
1 THE DEPUTY SUPERINTENDENT OF POLICE,
MUNNAR, IDUKKI DISTRICT-685612.
2 THE STATION HOUSE OFFICER,
ADIMALY POLICE STATION, IDUKKI DISTRICT-685561.
3 THE STATION HOUSE OFFICER,
VELLATHOOVAL POLICE STATION, IDUKKI DISTRICT-685563.
4 JOSNA SCARIA, AGED 30 YEARS, D/O.SCARIA,
VALOTHIL HOUSE, ADIMALY, MANNAMKANDAM VILLAGE,
ADIMALY P.O., IDUKKI DISTRICT-685561.
5 SONY V.S., S/O.SCARIA,
VALOTHIL HOUSE, ADIMALY, MANNAMKANDAM VILLAGE,
ADIMALY P.O., IDUKKI DISTRICT-685561.
R1-R3 BY SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND
R1-3 BY DIRECTOR GENERAL OF PROSECUTION
R4-R5 BY ADV. SRI.S.JIJI
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(Crl.) No.73 of 2021 - 2 -
K. Vinod Chandran & M.R. Anitha, JJ.
-------------------------------------
W.P.(Crl.) No.73 of 2021-S
-------------------------------------
Dated, this the 16th day of March, 2021
JUDGMENT
Vinod Chandran, J.
The above writ petition for issuance of a writ of
habeas corpus has been filed on the ground that the 4th
respondent is not complying with the settlement arrived at
in O.P (G&W) No.304 of 2017. The settlement provided for
interim custody of the minor child of the petitioner and
the 4th respondent, to the petitioner during first half of
the Onam, Christmas and mid-summer holidays.
2. We directed the production of the minor child
and she was produced before us today. We interacted with
her and she told us that she has no objection to go with
her father. We specifically alerted the 4th respondent about
her denial to handover the child for the past one year. The
4th respondent explains that it was due to the pandemic and
the child also contacted the virus. In any event, the 4 th
respondent does not have any objection in the settlement
being complied with.
3. Considering the long gap, we directed the child
to be handed over to the petitioner for the day. The child
is directed to be handed over back by 5.00 p.m today, to
the 4th respondent. As far as the custody during vacations,
the 4th respondent informs that the child has exams till 27 th
of March, 2021. In such circumstance, the child shall be
handed over to the petitioner at the house of the 4 th
respondent on 29.03.2021. Considering the fact that the
petitioner did not have custody of the child for long, the
father shall have custody till 14th of May, 2021. The child
shall be handed over back to the 4 th respondent at her
residence at Adimaly on 14.05.2021 before 5.00 p.m. The
further custody shall be in accordance with the settlement
arrived at between the parties before the Family Court.
The writ petition is allowed in the above terms.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
M.R.ANITHA
JUDGE
Vku/-
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT
IN OP(FC)NO.298/2018 DATED 14.06.2018.
EXHIBIT P2 TRUE COPY OF THE SETTLEMENT ARRIVED BY
THE PETITIONER AND THE 4TH RESPONDENT IN
I.A.NO.307/2018 IN OP(G&W)NO.304/2017
DATED 28.07.2018.
EXHIBIT P3 TRUE COPY OF THE PETITION IN I.A.NO.1/2020 IN
OP(G&W)NO.304/2017 BEFORE THE FAMILY COURT,
THODUPUZHA.
EXHIBIT P4 TRUE COPY OF THE REPORT OF THE PROCESS SERVER
IN THE NOTICE ISSUED TO THE 4TH RESPONDENT OF
EXT.P3 NOTICE.
EXHIBIT P5 TRUE COPY OF THE POSTAL ENVELOP WITH THE
ENDORSEMENT OF THE POSTAL AUTHORITY IN EXT.P3
PETITION.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER SUBMITTED BEFORE THE 3RD RESPONDENT
DATED 17.12.2020.
EXHIBIT P7 TRUE COPY OF THE DECREE PASSED BY THE FAMILY
COURT, THODUPUZHA IN O.P.(G&W) NO.304/2017
DATED 31.7.2018.
[TRUE COPY]
