Nadiya Sidhique vs State Of Kerala
2023 Latest Caselaw 9414 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                   &
              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
     FRIDAY, THE 1ST DAY OF SEPTEMBER 2023 / 10TH BHADRA, 1945
                       WP(CRL.) NO. 875 OF 2023
PETITIONER:

          NADIYA SIDHIQUE, D/O. SIDHIQUE,
          AGED 22 YEARS, KAVUNGAL PUTHENPURA HOUSE,
          PIDAVOORKARA, VARAPETTY VILLAGE, KOTHAMANGALAM,
          ERNAKULAM, KERALA, PIN - 686 671.

          BY ADVS.SHIFA LATHEEF
          HAMZATH ALI V.K.
RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT,
          TRIVANDRUM, KERALA, 695 001.

    2     THE DISTRICT SUPERINTENDENT OF POLICE,
          ERNAKULAM (RURAL), ALUVA, POWER HOUSE, JUNCTION,
          SUB JAIL RD, PERIYAR NAGAR, ALUVA,
          ERNAKULAM DISTRICT, KERALA, PIN - 683 101.

    3     THE STATION HOUSE OFFICER,
          MUVATTUPUZHA POLICE STATION,
          MUVATTUPUZHA, ERNAKULAM, PIN - 686 661.

    4     SINAJ, S/O. KUNJUMUHAMMED, AGED 27 YEARS,
          VILAKKATHU HOUSE, PERUMATTOM KARA,
          VELLOORKUNNAM VILLAGE, MUVATTUPUZHA, ERNAKULAM,
          KERALA, PIN - 686 673.

    5     HASEENA, AGE AND FATHER'S NAME NOT KNOWN TO THE
          PETITIONER, PULLEKKAL HOUSE, CHERUVATTOOR P.O.,
          ERNAKULAM DISTRICT, KERALA, PIN - 686 691.

          BY ADV.SRI.P.M.SHAMEER, PP


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 875 OF 2023
                               -2-

                            JUDGMENT

A.Muhamed Mustaque, J.

The dispute in this case is essentially

related to the custody of the child.

2. The marriage between parties was

dissolved by 'Mubarat', and the same has been

recorded in Ext.P2 order in OP No.36/2022 on the

files of Family Court, Muvattupuzha. The parties

also entered into an agreement with regard to

the custody of the child. As per the said

Agreement, custody of the child has to be with

the father.

3. The petitioner is the mother of the

child, and her complaint is that the respondent

father is attempting to take the child abroad in

violation of 'Mubarat Agreement', and he is also

not allowing the petitioner to see the child as

per the aforesaid Agreement.

4. The respondent appeared in person and WP(CRL.) NO. 875 OF 2023

submitted that he had no intention to take the

child abroad in violation of 'Mubarat'. The said

submission is recorded. If there is any

violation of the 'Mubarat Agreement', the

petitioner is free to workout her remedy before

an appropriate Court. There is no scope for

issuance of Habeas in this matter as it is

dispute between parents for custody of a minor

childran.

With the above observations, this WP(Crl.)

is dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

ANIL K.NARENDRAN JUDGE

akv WP(CRL.) NO. 875 OF 2023

APPENDIX OF WP(CRL.) 875/2023

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE MUBARAT AGREEMENT DATED 10/01/2022

EXHIBIT P2 A TRUE COPY OF THE ORDER OF FAMILY COURT, MUVATTUPUZHA, IN OP NO.36/2022 DATED 15/01/2022

EXHIBIT P3 A TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE 3 RD RESPONDENT DATED 23.08.2023

EXHIBIT P4 A TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE 2 ND RESPONDENT DATED 23.08.2023