Shahina A.H vs State Of Kerala
2022 Latest Caselaw 5744 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                       WP(C) NO. 16722 OF 2022
PETITIONER/S:

               SHAHINA A.H.,
               AGED 24 YEARS
               D/O.ABDUL HASIM, SHAHIN MANZIL, AGASTHYACODU,
               ANCHAL P.O., KOLLAM-691 306.
               BY ADVS.
               NAVEEN.T
               CHITHRA CHANDRASEKHARAN
               V.S.ABHISHEK
               BIJI A MANIKOTH


RESPONDENT/S:

    1          STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               SOCIAL WELFARE DEPARTMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695 001.
    2          THE CHILD WELFARE COMMITTEE,
               KOLLAM DISTRICT, REPRESENTED BY ITS CHAIRMAN,
               GOVERNMENT CHILDREN'S HOME, BEACH ROAD, KOLLAM-
               691 001.
    3          EBIN.A
               S/O.ALAVUDEEN, KOTTAVILA VEEDU, THAZHAMEL,
               ANCHAL, KOLLAM DISTRICT, PIN-691 306.
               BY ADV S.M.ALTHAF
OTHER PRESENT:

               SMT.DEEPA NARAYANAN, SR.GP
        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   27.05.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 16722 of 2022



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 16722 of 2022
                       =============================================================

                    Dated this the 27th day of May, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"(i) To issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Ext.P3 order of the 2nd respondent and quash the same, to the extent it permits the 3rd respondent to have custody of the child from 5PM of Friday to 10 PM Monday every week.

(ii) To issue a writ of mandamus or any other writ, direction or order declaring that the petitioner being the mother and natural guardian of the child is entitled to have continuous custody of the child.

(iii) To issue a writ of mandamus or any other appropriate writ, direction or order directing the 3 rd respondent to immediately return the child to the petitioner.

(iv) Grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case including costs." (Sic)

W.P.(C). No. 16722 of 2022

2. This writ petition is filed challenging Ext.P3 order of

the 2nd respondent by which the 2nd respondent allowed the 3rd

respondent for the custody of the child from 05 pm on Friday to

9AM on Monday of each week. It is now conceded by both

sides that Ext.P3 order is cancelled by the Child Welfare

Committee (CWC), Kollam District as per order

No.CWC/KLM/9641/22 dated 26.05.2022.

3. The counsel for the petitioner submitted that based

on Ext.P3 order, which was in force earlier, the 3 rd respondent

took the custody of the child and the child is not returned to the

petitioner, who is the mother. Since Ext.P3 is already cancelled

by the 2nd respondent itself, the prayers in this writ petition are

infructuous.

4. The petitioner is the mother of the child. The

counsel appearing for the 3rd respondent submitted that a

custody petition as OP(G&W) No.81 of 2022 is pending before

W.P.(C). No. 16722 of 2022

the Family Court, Kottarakkara. The petitioner and the 3 rd

respondent can appear before the Family Court and file

appropriate petition for the interim custody of the child till the

case is over. With that observation, this writ petition can be

disposed of.

Therefore, this writ petition is disposed of with following

prayers:

1. The petitioner and the 3rd respondent will appear before the Family Court, Kottarakkara, tomorrow (28.05.2022).

2. The petitioner is free to file application for interim custody of the child. If such an application is filed, the Family Court will pass appropriate orders in it, after giving an opportunity of hearing to both sides, forthwith. sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 16722 of 2022

APPENDIX OF WP(C) 16722/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE ANCHAL MUSLIM JAMA ATH DATED 16.05.2022.

Exhibit P2 TRUE COPY OF THE BIRTH CERTIFICATE OF ZIDAANE EBIN DATED 03.10.2017.

Exhibit P3 TRUE COPY OF THE ORDER DATED 10.05.2022 ISSUED BY THE 2ND RESPONDENT CHILD WELFARE COMMITTEE, KOLLAM DISTRICT.