Kerala High Court
Dhanya Krishnankutty vs The State Of Kerala on 11 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Friday, the 11th day of March 2022 / 20th Phalguna, 1943
WP(CRL.) NO. 197 OF 2022(S)
PETITIONER:
DHANYA KRISHNANKUTTY, AGED 35 YEARS, D/O. KRISHNANKUTTY,
SREEDEVI KRUPA HOUSE, HOUSE NO. 144, 4TH CROSS, K.C. BLOCK,
JANAPURA, BHADRAVATHI, SHIMOGA, KARNATAKA - 577301,
PRESENTLY WORKING AS STAFF NURSE AND RESIDING AT
PRIMARY HEALTH CENTRE, MISAMIYAR, DOHA, QATAR.
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY,
DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. THE DISTRICT POLICE CHIEF, KOTTAYAM - 686002.
3. RAJESH K.R., AGED 37 YEARS, S/O.RAJAPPAN,
KEERIYANICKAL HOUSE, KONDOOR VILLAGE, ARUVITHURA P.O,
KOTTAYAM - 686122. MOB.No.9480037824.
ADDL. R4 IMPLEADED
4. THE BUREAU OF IMMIGRATION, THE MINISTRY OF HOME AFFAIRS,
INTERNAL SECURITY II DIVISION, IIND FLOOR,
MAJOR DHYAN CHAND NATIONAL STADIUM, NEW DELHI-110 001.
ADDL. R4 IS SUO MOTU IMPLEADED AS PER ORDER DATED 04/03/2022
IN WP(CRL).
P.T.O.
Writ petition (criminal) praying inter alia that in the
circumstances stated in the affidavit filed along with the WP(Crl.)
the High Court be pleased to direct the Respondents to produce
Adhithyan Rajesh, the minor son of the Petitioner, before this Hon'ble
Court, and allow this Petitioner for the legal custody of him, subject
to the outcome of this Writ Petition.
This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(Crl.) and this
Court's order dated 09/03/2022 and upon hearing the arguments of
M/S.JAYAPRADEEP.V, ANN SUSAN GEORGE, O.A.NURIA, D.S.LOKANATHAN & ALAN
PRIYADARSHI DEV, Advocates for the petitioner, SRI.P.C. HARIDAS,
Advocate for R3, ASSISTANT SOLICITOR GENERAL OF INDIA FOR R4 and of
ADV. SRI.C.E. UNNIKRISHNAN, MEDIATOR, the court passed the following:
P.T.O.
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
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W.P(Crl.) No.197 of 2022
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Dated, this the 11th day of March, 2022
ORDER
K.Vinod Chandran,J
The Writ Petition was filed by the mother of the child for a Writ
of Habeaus Corpus for production of the child, who was said to be
taken from the custody of the mother's parents by the father, the 3 rd
respondent. The mother was abroad at that time and she filed the
writ petition after she came down to India. We restored the custody
of the child to the mother. But in the context of the mother intending
to return abroad for her employment, we directed the passport of
the child to be kept in the custody of the Registrar. The mother who
was scheduled to go abroad on 10.03.2022 was directed to produce
the child before us on 09.03.2022. On production of the child as also
on consideration of the fact that the 3rd respondent had filed
OP(G&W) No.91/2022 before the Family Court, Pala, we were of the
opinion that the child should not be taken abroad and for the
present should be given to the custody of the father and directed to
be produced before the Family Court on 19.03.2022 when the
W.P(Crl.) No.197 of 2022
matter is posted to decide on the interim custody.
2. As an alternative, we also suggested mediation. The
parties having agreed, we directed the parties to the Mediation
Centre and appointed Adv. Unnikrishan C.E as the Mediator. It is
very heartening to note that the efforts of Adv.Unnikrishnan C.E
and also the change in attitude of the parties have ensured a
settlement of the issue, which bodes well for the welfare of the child
also. We cannot but observe that on the various interactions, we
found the child bonding equally with the father and the mother. The
Memorandum of Agreement under Section 89 of the Code of Civil
Procedure read with Rules 24 and 25 of the Kerala Civil Procedure
(Mediation) Rules, 2008 is filed herewith. Both the parties and the
counsel have been put their signatures to it.
2. The terms of the settlement as under would stand
incorporated in this order.
"1. Petitioner/Dhanya Krishnankutty and 3rd
respondent/Rajesh K.R agreed to resume their
marital life.
2. Petitioner agrees to withdraw the above
W.P.(Crl.) No. 197/2022.
3. 3rd respondent will withdraw OP (G&W)
No. 91/2022 before the Family Court, Pala, on or
before the next posting on 19.03.2022. So the
petitioner need not appear in the said case.
W.P(Crl.) No.197 of 2022
4. Petitioner will leave India at the earliest.
At that time she will hand over the child to the 3 rd
respondent.
5. 3rd respondent and the minor child,
Adithyan Rajesh, will arrive at Doha, Qatar, before
31st March 2022, to join with the petitioner, when the
School at Doha, opens for the academic year 2022-
23, on 1st April 2022. Both the spouses shall try to
get Air tickets.
6. Petitioner has no objection in releasing
the Passport and the Residency Permit of the minor
child (retained with the Registrar of this Honourable
Court) to the 3rd respondent.
7. The gold ornaments weighing 55-60
sovereigns, belonging to the petitioner, now in the
hands of the 3rd respondent, will be returned to her
by the 3rd respondent, when she hands over the
minor child, before leaving India.
8. 3rd respondent agreed to pay
Rs.7,00,000/- (Rupees Seven Lakh only), the
amount remitted by the petitioner in Chitty Numbers
29-33/2020 (5 numbers) with the KSFE, Erattupetta
Branch, within a period of six months from today."
We are of the opinion that having agreed to specific terms it is
only proper for this Court pass a judgment in terms of the mediated
settlement. Hence, we do not permit the petitioner to withdraw the
writ petition in the best interest of the child and for endorsing the
mediated settlement. Since there are terms involved which has to
W.P(Crl.) No.197 of 2022
be completed by 31.03.2022, the matter is posted on 17.03.2022
for returning of the passport on the 3 rd respondent complying with
the terms agreed of return of gold ornaments by 16.03.2022.
Post on 17.03.2022.
Sd/-
K.VINOD CHANDRAN, JUDGE
Sd/-
C.JAYACHANDRAN, JUDGE
lsn
11-03-2022 /True Copy/ Assistant Registrar
