Kerala High Court
Martin Thomas vs Anjana Abraham on 3 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 3RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943
WP(CRL.) NO. 196 OF 2021
PETITIONER:
MARTIN THOMAS
AGED 38 YEARS
S/O.SEBASTIAN, KANDANCHIRA HOUSE, KURUMBANADOM P.O.,
MADAPALLY VILLAGE, CHANGANASSERY TALUK, KOTTAYAM
DISTRICT, PIN - 686 536.
BY ADV JOHN MATHEW (THEREZHATH)
RESPONDENTS:
1 ANJANA ABRAHAM
AGED 35 YEARS
D/O.DANIEL ABRAHAM, SKYLINE RANCH, HOUSE NO.4 AB,
THRIPPUNITHURA, ERNAKULAM, PIN - 682 301.
2 PHILIP ZACHARIA
AGED 57 YEARS
S/O.ZACHARIA, SKYLINE RANCH, HOUSE NO.4 AB,
THRIPPUNITHURA, ERNAKULAM, PIN - 682 301.
3 THE DIRECTOR GENERAL OF POLICE
STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN CODE - 695 0101.
4 THE DISTRICT POLICE CHIEF
ERNAKULAM RURAL, ALUVA, ERNAKULAM DISTRICT, PIN - 683
001.
5 THE STATION HOUSE OFFICER
THE HILL PALACE POLICE STATION, ERNAKULAM DISTRICT,
PIN- 682 301.
6 UNION OF INDIA
REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF
HOME AFFAIRS NORTH BLOCK, CENTRAL SECRETARIAT,
NEW DELHI - 110 001.
7 UNION OF INDIA
REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF
EXTERNAL AFFAIRS, NEW DELHI - 110 001.
WP(Crl.)No.196/2021 - 2 -
8 THE COMMISSIONER OF IMMIGRATION
EAST BLOCK-VIII, LVEL-V, SECTOR-1, R.K.PURAM,
NEW DELHI - 110 066.
9 THE JOINT SECRETARY (P.S.P.)/CHIEF PASSPORT
OFFICER
P.S.P.DIVISION, MINISTRY OF EXTERNAL AFFAIRS,
ROOM NO.27, PATIALA HOUSE, TILAK MARG, NEW
DELHI - 110 001.
10 FOREIGNERS REGIONAL REGISTRATION OFFICER
OFFICE FRRO, BUREAU OF IMMIGRATION, (MHA)
GOVERNMENT OF INDIA, COCHIN INTERNATIONAL
AIRPORT, NEDUMBASSERY, PIN-
683 111.
11 ASSISTANT DIRECTOR/CFB
EAST BLOCK-8, LEVEL-4, SECTOR-1, R.K.PURAM,
NEW DELHI, PIN - 110 066.
12 CPV DIVISION, MINISTRY OF EXTERNAL AFFAIRS
TILAK MARK, NEW DELHI, PIN - 110 001.
REPRESENTED BY ITS SECRETARY.
13 THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, COCHIN
IS SUO MOTU IMPLEADED AS ADDL. R13 VIDE ORDER
DATED 12/08/2021 IN WP(CRL) 196/2021.
BY ADVS.
S.SREEKUMAR (SR.)
JOHNY GEORGE
SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
MANU RAMACHANDRAN
DIRECTOR GENERAL OF PROSECUTION
MANU S., ASG OF INDIA
OTHER PRESENT:
SRI.E.C.BINEESH, GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD
ON 03.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(Crl.)No.196/2021 - 3 -
K.Vinod Chandran & ZIYAD RAHMAN A.A, JJ
------------------------------------
WP(Crl.)No.196 OF 2021
------------------------------------
Dated, this the 03rd January, 2022
JUDGMENT
Vinod Chandran,J.
The above writ petition was filed
seeking a writ of Habeas Corpus since the minor
child of the petitioner was taken out of the
country in violation of the orders passed by the
Family Court and this Court. We had directed the
production of the child which was initially
stayed by the Hon'ble Supreme Court. The Hon'ble
Supreme Court has now by order dated 09.12.2021
rejected the appeal filed against the final
judgment of this Court in O.P(FC)No.256 of 2021
dated 07.04.2021. An SLP filed against the
order passed in this Writ Petition has also been
rejected. The minor child was directed to be
brought back and produced before the Family
Court, preferably by 31.12.2021. On the last
date of hearing, the learned Senior Counsel
appearing for the respondent/mother had
undertaken to produce the child before the
Family Court on 30.12.2021 at 11.00 a.m. The
child is said to have been produced as directed
by the Hon'ble Supreme Court and the custody
application is proceeded with by the Family
Court. In such circumstance, this Writ Petition
(Crl) can be closed leaving the Family Court to
consider the applications before it.
Writ petition (Crl) is closed.
Sd/-
K. Vinod Chandran,
Judge
Sd/-
Ziyad Rahman A.A
Judge
jma/-
APPENDIX OF WP(CRL.) 196/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE JUDGMENT ALONG
WITH THE COMPROMISE PETITION FILED BY
THE PETITIONER AND THE 1ST RESPONDENT
BEFORE THE FAMILY COURT, ETTUMANOOR
AS I.A.NO.635/2018 AND 6TH COMPROMISE
DECREE PASSED THERETO IN O.P.(A&W)
NO.1008/2017.
Exhibit P2 THE TRUE COPY OF THE ORDER DATED
07/04/2021 PASSED BY THIS HON'BLE
COURT IN O.P.(FC) NO.256/2021.
Exhibit P3 THE TRUE COPY OF THE ORDER DATED
07/04/2021 PASSED BY THIS HON'BLE
COURT IN O.P.(FC) NO.256/2021.
Exhibit P4 THE TRUE COPY OF THE ORDER DATED
26/08/2020 OF THIS HON'BLE COURT IN
WP(CRL) NO.112 AND 117 OF 2020
WHEREIN, THE 1ST RESPONDENT GAVE AN
EXPRESS UNDERTAKING.
Exhibit P5 THE TRUE COPY OF THE ORDER DATED
09/04/2021 PASSED BY THE FAMILY COURT
AT ETTUMANOOR IN EA 2/21 IN
E.P.NO.17/2021 IN OP 1008/17.
Exhibit P6 THE TRUE COPY OF THE ORDER DATED
13/04/2021 PASSED BY THE FAMILY
COURT, ETTUMANOOR IN EA 7/21, EP
NO.17/2021 IN OP NO.1008/17.
Exhibit P6A THE TRUE COPY OF THE ORDER DATED
16/04/2021 PASSED BY THE FAMILY COURT
AT ETTUMANOOR IN EA 10/21 IN EP
NO.17/2021.
Exhibit P7 THE TRUE COPY OF THE FIR NO.791/2021
DATED 01/07/2021 REGISTERED AGAINST
THE RESPONDENTS 1 AND 2 AT
TRIPUNITHURA POLICE STATION FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS
363, 420 AND 468 R/W 34 OF IPC.
Exhibit P8 THE TRUE COPY OF THE PRESENT PASSPORT
OF THE DETENUE BEARING NO.U6756654.
Exhibit P9 THE RELEVANT COPIES OF THE VISAS OF
THE 1ST RESPONDENT AND THE DETENUE
ISSUED BY THE UAE CONSULATE.
Exhibit P10 THE JUDGMENT PASSED BY THE HON'BLE
COURT OF KERALA IN THE CASE WITH
SIMILAR SCENARIO AND FACT IN WP(CRL)
NO.392/2017 VIDE ORDERS DATED
25/02/2021, 05/03/2021 AND
09/04/2021.
Exhibit P10A THE JUDGMENT PASSED BY THE HON'BLE
COURT OF EKRALA IN THE CASES WITH
SIMILAR SCENARIO AND FACT IN WP(CRL)
NO.121/2019 DATED 25/03/2021.
Exhibit P10B THE JUDGMENT PASSED BY THE HON'BLE
COURT OF DELHI IN THE CASE WITH
SIMILAR SCENARIO AND FACT IN WP(CRL)
NO.2375/2019 DATED 07/01/2020.
