Kerala High Court
Sandya @ Soumya Mary vs Child Welfare Committee on 23 March, 2021
WP(C).No.5050 OF 2021(E)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943
WP(C).No.5050 OF 2021(E)
PETITIONER/S:
SANDYA @ SOUMYA MARY
AGED 41 YEARS
W/O.XAVIER, KANAPPILLY HOUSE, NJARACKAL, NJARACKAL
P.O., ERNAKULAM-682020.
BY ADV. SMT.REENA ABRAHAM
RESPONDENT/S:
CHILD WELFARE COMMITTEE
ERNAKULAM, REP. BY CHAIRMAN, CHILDREN'S HOME,
KAKKANAD, ERNAKULAM, PIN-682030.
R1 BY GOVERNMENT PLEADER
OTHER PRESENT:
SMT.VINITHA.B, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.5050 OF 2021(E)
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JUDGMENT
Dated this the 23rd day of March 2021
Petitioner has filed this Writ Petition seeking a direction
to the respondent to release her daughter to the parents.
2. The child was given custody of the respondent on the
basis of the directions in Ext.P1 judgment dated 18.12.2019 in
W.P.(Crl).No.423 of 2019 consequent to registration of a case on
abduction of the child. At the relevant time child who was
produced before this Court refused to go with her parents. In
this writ Petition the petitioner points out that on being given
professional counseling the child has changed her mind and
expressed her willingness to remain with the family.
3. When the matter came up for consideration on 04.03.2021
an interim order was passed directing the respondent to subject
the child to an evaluation by a Psychologist along with her
parents and the Child Protection Officer so as to ascertain her
willingness to go with her parents.
4. The 1st respondent has thereupon filed a report along
with certain documents including psychological assessment
report, according to which the child is willing to go with her
parents. It is stated that the child would require ongoing
support from statutory services for her smooth return to live at
home and the safety of the environment should also be assessed
WP(C).No.5050 OF 2021(E)
simultaneously.
In the aforesaid circumstances, there shall be a direction
to the respondent to release the petitioner's daughter to the
custody of the petitioner, without any delay.
Sd/-
P.V.ASHA
rkc JUDGE
WP(C).No.5050 OF 2021(E)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED
18.12.2019 IN WP(CRL)NO.423/2019.
EXHIBIT P2 A TRUE COPY OF THE LETTER DATED 09.12.2020
SEND BY THE MINOR GIRL ADDRESSING TO THE
RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE PETITION DATED
19.02.2021 ADDRESSING THE RESPONDENT
PRAYING FOR RESTORATION OF PETITIONER'S
DAUGHTER TO THE FAMILY.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 03.04.2020 OF
THE HON'BLE SUPREME COURT IN SUO MOTO WRIT
PETITION (C)NO.4/2020.
RESPONDENTS' EXHIBITS
ANNX.R1 TRUE COPY OF THE COMMUNICATION NO.CHE73/20
DT.9.3.21 OF SUPERINTENDENT, GOVERNMENT
CHILDREN'S HOME, ERNAKULAM
ANNX.R2 TRUE COPY OF THE LETTER DT.5.3.21 SENT TO
CWC CHAIRPERSON, ERNAKULAM
ANNX.R3 TRUE COPY OF THE LETTER DT.8.3.21 SENT TO
CWC CHAIRPERSON, ERNAKULAM
ANNX.R4 TRUE COPY OF THE LETTER DT.8.3.21 SENT TO
CWC CHAIRPERSON, ERANKULAM
ANNX.R5 TRUE COPY OF THE LETTER NO.C2-3076/21
DT.6.3.21 OF SUPERINTENDENT, GENERAL
HOSPITAL, ERNAKULAM SENT TO CWC
CHAIRPERSON, ENRNAKULAM
ANNX.R6 TRUE COPY OF THE LETTER NO.HW1-
1835/GMCH/2019 DT.8.3.21 OF THE MEDICAL
SUPERINTENDENT, GOVERNMENT MEDICAL COLLEGE,
KALAMASSERY, ERNAKULAM ALONG WITH THE
LETTER RECEIVED FROM DR.ANJANA RANI,
CONSULTANT PSYCHIATRIST
ANNX.R7 TRUE COPY OF THE PSYCHOLOGICAL ASSESSMENT
REPORT DT.9.3.21OF NAVAJYOTHI CENTRE FOR
CHILD BAHAVIOURAL SCIENCES, KAKKANAD
