Daya Lakshmi (Minor) vs State Of Kerala
2022 Latest Caselaw 3685 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                      WP(C) NO. 30506 OF 2021
PETITIONER:

            DAYA LAKSHMI (MINOR)
            AGED 15 YEARS
            D/O.ANUJA BHAGYALAKSHMI, (HAVING PERMANENT ADDRESS
            AT) CHITHIRA MADATHIL, MEMURY P.O., KOTTAYAM,
            REPRESENTED IN THESE PROCEEDINGS BY HER LEGAL
            GUARDIAN ANUJA BHAGYALAKSHMI, AGED 39 YEARS,
            D/O.M.K.NARAYANAN POTTY, CHITHIRA MADATHIL,
            MEMURY P.O., KOTTAYAM.
            BY ADVS.
            A.K.PREETHA
            C.ANIL KUMAR
            ANNS THANKU PAUL

RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT,
            THIRUVANANTHAPURAM 695001
    2       CHILD WELFARE COMMITTEE,
            ERNAKULAM DISTRICT, GOVERNMENT CHILDRENS HOME,
            KAKKANADU P.O., ERNAKULAM-682030.
    3       C.V.DINESH KARTHA,
            AGED 41 YEARS
            S/O.CHECHERIL VISWANATHAN KARTHA,
            HAVING HIS PERMANENT ADDRESS AT CHECHERIL MADOM,
            MEENACHIL P.O., PALA, KOTTAYAM-686577
            BY ADV J.VIMAL
            ADV.DEEPA NARAYANANAN, SR.GOVT. PLEADER


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   24.03.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.30506/2021

                                    2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.30506 of 2021
              ----------------------------------------------
            Dated this the 24th day of March, 2022


                             JUDGMENT

This writ petition is filed with following prayers:

i. A writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to take action against the Exhibit P3 expeditiously.

ii. Declare that the visitation rights exercised by the 3rd respondent pursuant to Exhibit P2 is not in the best interests of the child.

iii. Declare that the Petitioner has a fundamental right to live without any mental torture or emotional abuse.

iv. Be further pleased to issue such other interim orders as are deemed fit and proper on the facts and circumstances of the case.

(SIC)

2. Petitioner is a minor girl child. As per Ext.P1, the

parents of the petitioner divorced and there is settlement also

by which the father of the petitioner, grant parents and other

relatives of the father are having visitorial right to see the

petitioner on every fourth Saturday of the month for 3 hours W.P.(C).No.30506/2021

from 10.30 am to 1.30 pm. It is the case of the petitioner that

there is some abuse from the side of the father to the

petitioner. The petitioner approached the 2nd respondent

through her mother with a representation as evident by Ex.P3.

The learned counsel for the 3rd respondent denied the

averments in the writ petition and submitted that as per

Exts.P1 and P2, the entire issue is settled and the mother of

the petitioner is trying to vacate the visitorial right by filing

petitions after petition.

3. Whatever that may be, I do not want to make any

observation about the merit of the case. This Court already

passed an interim order staying the visitorial right granted to

the father of the petitioner based on Exts.P1 and P2. In such

circumstances, there can be a direction to the 2 nd respondent

to consider Ext.P3 with a time frame and till then, the interim

order can be continued. The question of maintainability of

such a petition before the 2nd respondent also can be raised by

the 3rd respondent.

Therefore, this writ petition is disposed of in the

following manner:

1. The 2nd respondent is directed to consider and W.P.(C).No.30506/2021

pass appropriate orders in Ext.P3 in

accordance to law, after giving an opportunity

of hearing to the mother of the petitioner and

the 3rd respondent, as expeditiously as

possible, at any rate, within one month from

the date of receipt of a copy of this judgment.

2. Till final orders are passed by the 2 nd

respondent, Condition Nos.3 and 10 in Ext.P2

agreement will be kept in abeyance.

3. The 2nd respondent will consider the matter

untrammelled by any of the observation in this

case and the 3rd respondent is free to raise the

question of maintainability of the said petition

before the 2nd respondent.

4. The mother of the petitioner or the 3 rd

respondent is free to approach the Family

Court also to redress their grievance, if any.

sd/-

                                              P.V.KUNHIKRISHNAN
JV                                                   JUDGE
 W.P.(C).No.30506/2021





                 APPENDIX OF WP(C) 30506/2021

PETITIONER EXHIBITS
Exhibit P1        TRUE COPY OF THE JUDGMENT OF DIVORCE

PASSED BY THE FAMILY COURT, ERNAKULAM IN OP 223 OF 2019.

Exhibit P2 TRUE COPY OF THE MEDITATION AGREEMENT DATED 31.01.2019 IN OP 2016/2017.

Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER'S MOTHER THROUGH E MAIL TO THE 2ND RESPONDENT.