Xxxxxx vs Child Welfare Committee- ...
2023 Latest Caselaw 10436 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
                       WP(C) NO. 31206 OF 2023
PETITIONER:

          XXXXXXXXXX
          XXXXXXXXXX XXXXXXXXXX

          BY ADVS.
          S.MUMTAZ
          ALISHA ASLAM
          AMINA RUBY FAIZAL
          BHAGYA KRISHNA V.K.



RESPONDENTS:

    1     CHILD WELFARE COMMITTEE- JUVENILE JUSTICE
          MALAPPURAM, REP BY THE CHAIRMAN, GOVT. CHILDREN'S
          HOME, THAVANOOR, KUTTIPPURAM, THRIKKANNAPURAM POST,
          MALAPPURAM, PIN - 679573

    2     NOUFAL P., PULIKKALAKUNDIL (H), NARUKARA PO,
          MANJERI, MALAPPURAM, PIN - 676121

    3     JASEENA P., KALATHINGAL HOUSE, KONDOTTI,
          MALAPPURAM.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31206 OF 2023
                                 2


                             JUDGMENT

The petitioner makes very serious allegations, particularly

against her own mother, to whom, her minor child has now

been given custody to.

2. There are various allegations and contra-allegations,

discernible from the pleadings and counter pleadings; but I do

not intend to enter into the merits of the same on account of the

imperative requirement of maintaining the anonymity of the

parties.

3. Suffice to say, there are imputations against the

petitioner, that she is living a wayward life and therefore, not

deserving of being given the custody of her own child; while she

contra-alleges that her mother, with whom the child is presently

living, is acting severely to her detriment.

4. Noticing the afore scenario, I had directed the

petitioner to file an affidavit, without disclosing her identity, as

to her present status, how she is living and what are the

requirements that she may have.

5. The petitioner has accordingly filed an affidavit, WP(C) NO. 31206 OF 2023

averring that she is now living with dignity, married to another

person by name Abdul Noushad who is willing to accommodate

both her and her child; and hence asserting that she is fully

capable of taking care of her.

6. It is, therefore, obvious that the disputes between the

parties are in the factual realm, into which this Court cannot

enter while acting under Article 226 of the Constitution of India.

However, since the petitioner asserts that she is now capable of

taking care of her child and that she will be able to convince the

Authorities of such factum, I am certain that she should be

given such an opportunity.

7. In the afore circumstances, I direct the first respondent

- Child Welfare Committee to hear the petitioner, her mother

and any other person - including her new husband, who may

require to be heard; thus culminating in an appropriate order

and necessary action with respect to the custody of the child in

question, as expeditiously as is possible, but not later than two

weeks from the date of receipt of a copy of this judgment.

In the meanwhile, adverting to the severe allegations

made by the petitioner against her own mother, I direct the first

respondent to depute competent officials to the place where the WP(C) NO. 31206 OF 2023

child is now residing and ensure that she is put to no harm and

is living a life of safety, without any breach of dignity. The

Welfare Officer will visit the child often, at least every three or

four days, and file reports in this regard before the first

respondent every week, until the afore exercise is completed.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 31206 OF 2023

APPENDIX OF WP(C) 31206/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF BIRTH CERTIFICATE OF BABY-

FATHIMA ALFIA P DATED 21/01/2023 ISSUED BY THE KONDOTTY MUNICIPALITY

Exhibit P2 TRUE COPY OF VISITATION ORDER DATED 26/07/2023 ISSUED BY THE 1 ST RESPONDENT

Exhibit P3 TRUE COPY OF REQUEST DATED 26/07/2023 SUBMITTED BY THE PETITIONER TO THE 1 ST RESPONDENT

Exhibit P4 TRUE COPY OF THE PETITION DATED 03/08/2023 SUBMITTED BY THE PETITIONER THROUGH HER COUNSEL VIA EMAIL

Exhibit P5 TRUE COPY OF THE RELEASE ORDER NO. 2120 DATED 07/08/2023 ISSUED BY THE 1 ST RESPONDENT TO THE SISUPARIPALANA KENDRAM, MALAPPURAM

Exhibit P6 TRUE COPY OF UNDERTAKING BY THE PARENT OR GUARDIAN OR FIT PERSON- FORM 20 UNDER RULE 18(8) AND 19(7) DATED 07/08/2023 SIGNED BY THE 3 RD RESPONDENT

Exhibit P7 TRUE COPY OF REQUEST LETTER DATED 23/08/2023 SUBMITTED BY THE PETITIONER TO THE 1 ST RESPONDENT