Kerala High Court
Vineetha T.Nair vs State Police Chief on 10 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
WP(CRL.) NO.202 OF 2021
PETITIONER/S:
VINEETHA T.NAIR, AGED 37 YEARS, D/O.PRASANNA NAIR,
RESIDING AT THEKKIZHETHU HOUSE, KATTOOR P.O.,
KOZHENCHERY, PATHANAMTHITTA - 689 650.
BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SRI.S.R.PRASANTH
SMT.BHANU THILAK
RESPONDENT/S:
1 STATE POLICE CHIEF, KERALA,
STATE POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 002.
2 SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT,
RING ROAD, THAZHEVETTIPRAM, PATHANAMTHITTA,
KERALA - 689 645.
3 THE STATION HOUSE OFFICER,
ARANMULA POLICE STATION, PATHANAMTHITTA - 689 533.
4 SYAM KUMAR, S/O.SASIDHARAN PILLAI,
SASTHAMTHUNDIL HOUSE, VETTOOR P.O.,
PATHANAMTHITTA - 689 653.
5 RADHA S.NAIR, AGED 65 YEARS, W/O.SASIDHARAN PILLAI,
SASTHAMTHUNDIL HOUSE, VETTOOR P.O.,
PATHANAMTHITTA - 689 653.
BY ADVS.
R1 TO R3 BY GOVERNMENT PLEADER SRI.VENUGOPAL.V.
R4 BY ADV.SRI.K.C.SANTHOSHKUMAR
R4 BY ADV.SMT.K.K.CHANDRALEKHA
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl).No.202 of 2021 - 2 -
K. Vinod Chandran & Ziyad Rahman, JJ.
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W.P(Crl.)No.202 of 2021-S
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Dated, this the 10th September 2021
JUDGMENT
Vinod Chandran, J.
The mother of two minor children was before us
seeking production of her children who were abducted by
4th respondent, the father. It was alleged that the
petitioner along with the children were residing at Delhi
and the 4th respondent working in Chennai. At the
insistence of the 4th respondent, the petitioner along
with her children returned to Kerala, within two days of
which the children were taken away by the 4 th respondent,
allegedly to his parental residence at Pathanamthitta.
Later, on enquiry the parental house of the 4 th respondent
was found locked and the children's whereabouts unknown;
hence the writ petition.
2. We directed the 3rd respondent to make
enquiries by order dated 12.08.2021 and on 03.09.2021 the
4th respondent appeared through Counsel. It was undertaken
that the children will be produced on 10.09.2021.
3. Today the children were produced. When we
talked to them alone, they were not inclined to go with
their mother. The eldest child also made some
allegations. We invited the mother inside the Chambers,
when we noticed the children showing no affinity to the
mother. We hence asked the younger child to have
interaction with the mother in another room. The younger
child was found to have a special bond with the elder
child and even after separate interaction the mother
could not convince the children to go with her.
4. We were about to close the writ petition when
the mother made a further entreaty to the elder son. The
elder son willingly agreed to talk with the mother. After
some time we also asked the mother and the two children
to interact in an empty Court room. The mother interacted
with the children for about 45 minutes. Later when we
talked to the children, the elder son insisted on going
with the father. The younger one said he would only go
with his elder brother. In such circumstances we had no
option otherthan to send the children with the father
especially when we see no illegal custody.
5. Allegations and counter allegations were made
by the parties, to which we do not intend to enter into.
The parties are left to agitate the cause for custody of
the children before the appropriate forum. In the
meanwhile we suggested the father to allow the mother to
talk to the mother on any day between 5.00 and 6.00 p.m.
The 4th respondent has given two mobile numbers,
9745647206 & 8810326895, which he said will be available
in his house at Chennai. The petitioner can call the
children in the stipulated time.
With the above observation, we close the writ
petition, leaving liberty to the parties to approach the
appropriate forum, if they so desire.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
Vku/-
APPENDIX OF WP(CRL.)NO.202/2021
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE SALE DEED DATED
20/08/2018 OF SR-IIB-JANAGPUR-NEW DELHI.
Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY
DATED 14/07/2021 OF THE PETITIONER OF
MUTHOOT HOSPITAL, KOZHENCHERY.
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED
30/07/2021 PREFERRED BEFORE THE
3RD RESPONDENT ALONG WITH THE RECEIPT.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED
03/08/2021 PREFERRED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT ALONG WITH
THE RECEIPT.
Exhibit P5 TRUE COPY OF THE ULTRA SOUND SCAN REPORT
OF THE DETINUE ARJUN KUMAR PILLAI
DATED 06/07/2021.
Exhibit P6, P6(a), TRUE COPY OF THE VARIOUS MEDICAL
P6(b) PRESCRIPTIONS OF AKASH HEALTHCARE
SUPER SPECIALITY HOSPITAL DATED
09-06-2021, 12-06-2021,24-06-2021.
Exhibit P7 TRUE COPY OF THE BOARDING PASS DATED
07-07-2021 OF VISTARA AIRLINES.
Exhibit P8 TRUE COPY OF THE MEDICAL PRESCRIPTION
DATED 06-07-2021.
RESPONDENT'S EXHIBITS:-
Exhibit R4(a) TRUE COPY OF THE ONLINE COMMUNICATION
REQUIRING HIM TO REPORT AT CHENNAI FROM
OCTOBER 2019.
Exhibit R4(b) TRUE COPY OF THE ONLINE TICKETS FOR ALL
THE FAMILY MEMBERS INCLUDING THE WRIT
PETITIONER.
Exhibit R4(c) TRUE COPY OF THE ONLINE TICKETS FOR
RETURN JOURNEY ON 20/05/2021 FROM
CHENNAI TO NEW DELHI.
Exhibit R4(d) TRUE COPY OF THE ONLINE TICKETS FOR
RESCHEDULE JOURNEY.
Exhibit R4(e) TRUE COPY OF THE ONLINE TICKETS FOR
RE-SCHEDULED JOURNEY WAS BOOKED ON
16/05/2021.
Exhibit R4(f) TRUE COPY OF THE PHOTOGRAPHS,
FURNISHED BY THE WIFE OF GIRISH.
Exhibit R4(g) TRUE COPY OF THE AIRLINE TICKET
RESERVED ON 03/07/2021 FOR THE JOURNEY
TO NEW DELHI ON 04/07/2021.
Exhibit R4(h) TRUE COPY OF THE TRANSCRIPT WHATS APP
MESSAGE FROM SMT. PRASANNA NAIR,
MOTHER OF THE WRIT PETITIONER.
Exhibit R4(i) TRUE COPY OF THE AUDIO CLIPS,
RECEIVED FROM THE WIFE OF GIRISH
(AND MADE MENTION OF IN EXT.R4(i)
Exhibit R4(j) TRUE COPY OF THE TRANSCRIPT
WHATTS APP MESSAGE.
