Vipin Das P.D. Represented By His ... vs Station House Officer, ...
2023 Latest Caselaw 8416 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                              &
         THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
   MONDAY, THE 7TH DAY OF AUGUST 2023/16TH SRAVANA, 1945
                 CON.CASE(C) NO.1513 OF 2023
  AGAINST THE JUDGMENT DATED 18.11.2022 IN WP(Crl.)(HABEAS
         CORPUS) No.925/2022 OF HIGH COURT OF KERALA
PETITIONER/WRIT PETITIONER:

         VIPIN DAS P.D., AGED 41 YEARS,
         S/O.DASAN P.S., PLAVUNKAL HOUSE, AROOR P.O.,
         CHERTHALA TALUK, PIN-688534,

         REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
         SOPHIA DASAN, AGED 58 YEARS, W/O DASAN P.S.,
         PLAVUNKAL HOUSE, AROOR P.O., CHERTHALA TALUK.,
         ALAPPUZHA DISTRICT, PIN - 688534.

         BY ADV.SMT.ANILA UMESH


RESPONDENT/3RD RESPONDENT IN WRIT PETITION:

    1    STATION HOUSE OFFICER,
         MULAVUKADU STATION HOUSE OFFICER,
         MULAVUKAD POLICE STATION, PONNARIMANGALAM,
         ERNAKULAM, PIN - 682504.

    2    STATION HOUSE OFFICER, AROOR POLICE STATION,
         AROOR, CHERTHALA, ALAPPUZHA, PIN - 682018.

    3    DEEPAKUMAR, S/O KRISHNANKUTTY,
         ARIKKANATTUPARAMBUL HOUSE, 175/ AZHEEKKAL P.O.,
         VYPPIN, ERNAKULAM, PIN - 682508.

    4    SANDEEP DEEPAKUMAR, S/O.DEEPAKUMAR,
         ARIKKANATTUPARAMBUL HOUSE, 175/ AZHEEKKAL P.O.,
         VYPPIN, ERNAKULAM, PIN - 682508.

         BY ADVS.SMT.V.K.BALACHANDRAN
                 SRI.SAIGI JACOB PALATTY-SR. GP
 Cont. Case (C) No.1513/2021
                              -: 2 :-




THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
           ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.
          =====================================
                 Cont. Case (C) No. 1513 of 2023
                (arising out of the impugned judgment dated 18.11.2022 in
                         WP(Crl.) (Habeas Corpus) No.925/2022)
          ====================================
               Dated this the 7th day of August, 2023

                                  JUDGMENT

Alexander Thomas, J.

The above Contempt of Court case has been filed alleging non-

compliance of the directions in the order passed by this Court in

Annexure-A2 judgment of this Court dated 18.11.2022, rendered by this

Court in W.P.(Crl) (Habeas Corpus) No.925/2022 filed by the petitioner

herein.

2. Heard Smt.Anila Umesh, learned counsel appearing for the

petitioner (husband/father of the children) and Sri.V.K.Balachandran,

learned counsel appearing for the respondent herein (wife/mother of the

children). The operative portion of the directions issued by this Court

contained in para 11 of Annexure-A2 judgment, which reads as follows:

"11. Further, it is ordered that, so long as the petitioner's children are either with his wife or R3 and R4, then it shall be ensured that the petitioner is permitted to interact with both the children through audio and video calls between 6.00 p.m. to 6.30 p.m. on all Fridays and Saturdays. The above said direction shall be strictly complied with by the petitioner's wife as well as R3 and R4, as the case may be. So also, the petitioner's wife, R3 and R4 will permit the petitioner to visit the children on weekends, after prior intimation to his wife and R3 or R4, as the case may be."

Cont. Case (C) No.1513/2021

3. After hearing both sides, it appears that the petitioner

(husband) and his parents have already filed O.P.No.3704/2022 before the

Family Court, Ernakulam in the matter of guardianship of the children.

The main complaint appears to be is that the directions issued in para 11 of

Annexure-A2 judgment, in the matter of audio and video calls will be made

by the father to the children, are being denied by the conduct of the

parents of the mother of the children. We are told that the respondent

mother is now in U.K. and the children are with her parents in Vypin,

Ernakulam. Further, the petitioner father is now in Abu Dhabi, U.A.E as

part of his employment.

4. Sri.V.K.Balachandran, learned counsel appearing for the

respondents submits that there is no willful disobedience of the directions

in Annexure-A2 judgment and many times, the petitioner father is calling

the children by audio and video calls at a time when they are playing and

problem can be solved, if the timings are changed, so that instead of 6:00

p.m to 6:30 p.m. on all Fridays and Saturdays, the father can make audio

and video calls to the children on Fridays and Saturdays, between 7:30

p.m. to 8:00 p.m. Cont. Case (C) No.1513/2021

5. Accordingly, it is ordered that the directions issued by this

Court in para 11 of Annexure-A2 judgment will stand modified by ordering

that the audio and video calls can be made by the father to the children, on

all Fridays and Saturdays, between 7:30 p.m. to 8:00 p.m. and the mother

of the children or her parents as the case may be, should comply with the

said directions. In case, there is any further difficulties in the matter, it is

for the party concerned having such grievance to approach the Family

Court, Ernakulam for the redressal of such grievances. In such scenario,

the Family Court may adjudicate the issues untrammeled and

uninfluenced by the view taken by this Court in Annexure-A2 judgment.

No other orders and directions are called for.

With these observations and directions, the above Contempt of Court

case will stand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

C.JAYACHANDRAN, JUDGE

ww Cont. Case (C) No.1513/2021

APPENDIX OF CON.CASE(C) 1513/2023

PETITIONER'S ANNEXURES:

ANNEXURE A1 A TRUE COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT IN W.P. (CRL.) (HABEAS CORPUS) 925/2022 DATED 27.10.2022.

ANNEXURE A2 A TRUE CERTIFIED COPY OF THE ORDER OF THIS HONOURABLE COURT IN W.P.(CRL.)(HABEAS CORPUS) 925/2022 DATED 18.11.2022.

ANNEXURE A3 A TRUE COPY OF THE LEGAL NOTICE DATED 12.12.2022 ISSUED BY THE PETITIONER TO THE 3RD AND 4TH RESPONDENTS.

ANNEXURE A4 A TRUE COPY OF THE REPLY NOTICE DATED 19.12.2022.

ANNEXURE A5 A TRUE COPY OF THE ORDER OF THE HONOURABLE FAMILY COURT IN I.A.9315/2022 IN OP 3704/2022 DATED 8.3.2023.

ANNEXUREA6 A TRUE COPY OF THE ORDER PASSED BY THE HONOURABLE FAMILY COURT IN I.A 2/2023 DATED 10.4.2023.

ANNEXURE A7 TRUE COPY OF THE B DIARY OF THE PROCEEDINGS BEFORE HONOURABLE FAMILY COURT IN OP 3704/2022.

ANNEXURE A8 A TRUE COPY OF THE EXTRACTS OF WHATSAPP COMMUNICATION MADE BY THE PETITIONER WITH THE 3RD RESPONDENT IN HIS NUMBER 7012143774.

ANNEXURE A8 (A) A TRUE COPY OF THE EXTRACTS OF WHATSAPP COMMUNICATION MADE BY THE PETITIONER WITH THE 3RD RESPONDENT IN HIS NUMBER 7012143774.

ANNEXURE A9                   A TRUE COPY OF THE WHATSAPP CALL LOG SHOWING
                              CANCELLED   CALL   REQUESTS   MADE   BY    THE

PETITIONER TO THE PHONE NUMBER 7306369385.

ANNEXURE A10 A TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER AND HIS PARENTS WITH THE CHILDREN TAKEN AFTER THE INSTITUTION OF HABEAS CORPUS PROCEEDINGS Cont. Case (C) No.1513/2021

RESPONDENTS' ANNEXURES:

ANNEXURE-R3 TRUE COPY OF THE WHATSAPP CHATS AND THE HISTORY OF VOICE CALLS FROM THE PETITIONER TO THE PHONE OF ELDER CHILD.