Shain.P.S vs The Director General Of Police
2023 Latest Caselaw 8616 Ker

W.P.(Crl.) No. 686 of 2023             1




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                        &
              THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
  WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                             WP(CRL.) NO. 686 OF 2023
PETITIONER:

              SHAIN.P.S
              AGED 39 YEARS
              POOKKAT HOUSE, MANALUR.P.O,
              MANALUR BANK STOP,
              THRISSUR DISTRICT, PIN - 680617

              BY ADVS.
              K.S.SAJEEV KUMAR
              BISMI T.A.
              MOHANDAS K.CHACKO
              RAMESH.P.N.
              SUKESAN P.S.
              DEVIPRIYA SATHYASEELAN



RESPONDENTS:

      1       THE DIRECTOR GENERAL OF POLICE
              DGP OFFICE, POLICE HEAD QUARTERS,VAZHUTHACAUD,
              THIRUVANANTHAPURAM, KERALA, PIN - 695010

      2       COMMISSIONER OF POLICE
              PATTALAM ROAD, VELIYANNUR, SAKTHAN THAMPURAN
              NAGAR, THRISSUR., PIN - 680001

      3       STATION HOUSE OFFICER
              PERAMANGALAM POLICE STATION, PERAMANGALAM,
              THRISSUR, PIN - 680545

      4       SANTHA MOHAN
              AGED 72 YEARS
              W/O LATE K.N.MOHANAN, KUNDANY HOUSE,
              PURANATTUKARA.P.O, NADUVATHUPARA, THRISSUR., PIN -
              680551
 W.P.(Crl.) No. 686 of 2023          2




      5       JYOTHY SANKAR.P.G
              AGED ABOUT 63, PANDARATHIL HOUSE, PURANATTUKARA
              P.O, NADUVATHUPARA, THRISSUR, PIN - 680551

      6       SANTHOSH P.G
              AGED ABOUT 58, PANDARATHIL HOUSE, PURANATTUKARA
              P.O, NADUVATHUPARA, THRISSUR, PIN - 680551

      7       ASHOKAN P.G
              AGED ABOUT 70, PANDARATHIL HOUSE, PURANATTUKARA
              P.O, NADUVATHUPARA, THRISSUR, PIN - 680551

      8       VINAY SANKAR.P.J
              AGED ABOUT 26, S/O JYOTHI SANKAR.P.G, PANDARATHIL
              HOUSE, PURANATTUKARA P.O, NADUVATHUPARA, THRISSUR,
              PIN - 680551

              R1 TO R3 BY SRI. P.NARAYANAN, SENIOR G.P. AND
              ADDL.PUBLIC PROSECUTOR

              R4 BY ADVS.K.S.BHARATHAN
                         G.P.SHINOD
                         ALPHIN ANTONY(K/625/2014)
                         AADITHYAN S.MANNALI(K/631/2014)
                         VISAKH ANTONY(K/573/2014)
                         RANCE R.(K/1560/2021)
                         HASNA NAZAR(K/00000302/2023)
              R5 TO R8 BY GOVIND PADMANAABHAN(K/925/2010)
                          AJIT G ANJARLEKAR(K/000083/2014)
                          ATUL MATHEWS(K/1675/2018)
                          GAYATHRI S.B.(K/2005/2020)




       THIS     WRIT    PETITION   (CRIMINAL)   HAVING   COME   UP   FOR
ADMISSION ON 09.08.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(Crl.) No. 686 of 2023         3




                               JUDGMENT

A.Muhamed Mustaque, J.

This writ of habeas corpus was filed seeking the

following reliefs:-

(i) Issue a writ of Habeas corpus or other appropriate writ or order directing the respondents No.1 to 3 to produce the body of detenues Archana Mohan, aged 34, and minor Child, Veda Archana P.S., aged 5, before this Hon'ble Court and set them at liberty and

(ii) Grant such other reliefs as this Hon'ble Court may deem just and proper in the interest of justice, including cost.

2. As evident from the facts and pleadings, this

matter arose out of matrimonial dispute. We attempted

for a settlement. We interacted with the parties. The

eldest child is autistic and was with his father, the

petitioner herein. But taking note of the facts and

circumstances, we directed the petitioner to handover

the eldest child to the mother, and the child has been

handed over accordingly. We also allowed the petitioner

to visit wife's house on every Sunday between 10.00 a.m.

and 5.00 p.m., with the hope that they can bring an end

to all the disputes.

3. The parties could not resolve the disputes. The

petitioner submits that it is based on the orders of

this Court, the eldest child was handed over to the

mother, and therefore, child should be returned to him.

According to him, the fourth respondent is not allowing

the eldest child to continue his studies.

4. The learned counsel for the fourth respondent

assured that the eldest child will continue his studies

in a school, which is conducive for him. We allowed

both the children to stay with the mother, to protect

the welfare of the children. We are of the view that

both the children must stay together, and difference

between the parties cannot separate them. The Family

Court is the competent forum to decide, who would be

entitled for the custody, if the parties cannot mend

their ways.

5. However, taking note of the facts and

circumstance, we pass the following directions:-

i) The petitioner is allowed to visit the place of

wife, on every Sunday between 10.00 a.m. and 5.00 p.m.

to spend time with wife and children for a period of six

weeks.

ii) If the parties cannot resolve the disputes by

then, the petitioner can have custody of both the

children on every Sunday from 10.00 a.m. to 5.00 p.m.

The custody of the children shall be taken and returned

at the residence of wife. This order will be subject to

any orders to be passed by the Family Court of competent

jurisdiction. The respondent Nos.5 to 8 shall ensure

that smooth visit of the petitioner is not interfered,

or objected by them.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SOPHY THOMAS, JUDGE

DCS/09.08.2023

APPENDIX PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE REGISTRAR OF MARRIAGES (COMMON), GURUVAYUR MUNICIPALITY DATED 28.01.2014

Exhibit P2 A TRUE COPY OF THE COMPLAINT DATED 30.04.2023 FILED BY THE PETITIONER BEFORE THE INSPECTOR OF POLICE, PERAMANGALAM POLICE STATION

Exhibit P3 A TRUE COPY OF THE COMPLAINT DATED 22.06.2023 FILED BY THE PETITIONER BEFORE THE COMMISSIONER OF POLICE, THRISSUR DISTRICT, DATED 22.04.2023

RESPONDENT EXHIBITS

Exhibit R4(a) True copy of the certificate of appointment of guardianship issued by the local level committee, in form -B, under Section 14 of the Act read with Rule 16(2) of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules 2000 (hereinafter referred to as "the Rules") dated 20/10/2008.

Exhibit R4(b) True copy of the certificate issued by the Medical Board constituted by the District Medical Officer Thrissur dated 24/11/2011.

Exhibit R4(c) True copy of the sale deed dated 22/03/2022 bearing No 575 of 2022 of Kodaly SRO.

Exhibit R4(d) True copy of the sale deed dated 22/03/2022 bearing No 576 of 2022 of Kodaly SRO

Exhibit R4(e) True copy of the sale deed dated 22/03/2022 bearing No 577 of 2022 of

Kodaly SRO.

Exhibit R4(f) True copy of the complaint submitted by the 4th to the District Police Chief, Thrissur dated 15/06/2023

Exhibit R4(g) True copy of the letter dated 04/11/2022 issued by the petitioner to Archana Mohan, Managing Partner.

Exhibit R4(h) True copy of the lawyer notice dated 25/04/2023.

Exhibit R4(i) True copy of the reply notice dated 06/05/2023

Exhibit R4(j) True copy of the order dated 15/12/2015 in I.A No-3072/2015 in LAR No 21/2001 by the Additional Sub Judge, Irinjalakuda