Kerala High Court
Ashla Roy vs Union Of India on 29 May, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(C) NO. 6695 OF 2024
PETITIONER:
ASHLA ROY
AGED 39 YEARS, MARY LAND,
KADAPPAKADA, KOLLAM, PIN - 691008
BY ADVS.
V.JOHN MANI
SETHULAKSHMI K.K.
VARGHESE SABU
VISHAL NAIR.A.
ABHIRAMI C. UNNI
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY MINISTRY OF HEALTH AND FAMILY
WELFARE, ROOM 348, A WING,
NIRMAN BHAVAN, NEW DELHI, PIN - 110001
2 STATE OF KERALA
REPRESENTED BY SECRETARY
MINISTRY OF HEALTH AND FAMILY WELFARE,
GOVERNMENT SECRETARIAT ANNEXE, 2,
THIRUVANANTHAPURAM, KERALA., PIN - 695001
3 DIRECTOR PRE-NATAL DIAGNOSTIC TECHNIQUES DIVISION
ROOM NO.305 D WING NIRMAN BHAWAN
NEW DELHI, PIN - 110011
4 ADDITIONAL DIRECTOR FAMILY WELFARE
RED CROSS ROAD NEAR GENERAL HOSPITAL
THIRUVANANTHAPURAM, PIN - 695035
*ADDL.RESPONDENTS 5 TO 7 IMPLEADED
ADDL.R5 THOMAS JOSEPH,
MANIMALAKALLATHU, HOUSE,
PARASAKTHI, ROAD, MUDAVOOR PO,
VAZHAPILLY, MUVATTUPUZHA,
KERALA - 696669
WP(C) NO. 6695 OF 2024
2
ADDL.R6. M.T JOSEPH,
MANIMALAKALLATHU HOUSE,
PARASAKTHI ROAD, MUDAVOOR P.O,
VAZHAPILLY, MUVATTUPUZHA,
KERALA - 696669
ADDL.R7. SALIMA JOSEPH,
MANIMALAKALLATHU HOUSE,
PARASAKTHI ROAD, MUDAVOOR P.O, VAZHAPILLY,
MUVATTUPUZHA, KERALA - 696669
*ADDL.RESPONDENTS 5 TO 7 ARE IMPLEADED AS PER ORDER
DATED 01-03-2024 IN IA 1/24
BY ADVS.
P. M RAFEEK (PATTAM)
SRI. VIDYA KURIAKOSE, GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6695 OF 2024
3
T.R. RAVI, J.
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W.P.(C). No.6695 of 2024
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Dated this the 29th day of May, 2024
JUDGMENT
The writ petition has been filed seeking a direction to the
respondents 3 & 4 to consider and pass orders on Exts.P3 & P5 and also
for directing the 4th respondent to initiate appropriate action under Section
28 of the Pre-conception and Pre-natal Sex Selection or Determination
(Prohibition and Regulation) Act, 2002 regarding the alleged pre-
conception directions issued by the in-laws.
2. When the case is taken up, the Government Pleader submitted
that the representation submitted by the petitioner has been already
considered and rejected by the appropriate authority. The counsel for the
petitioner submits that the copy of the order has not yet been served.
Since the prayer in the writ petition is already complied, there is no
purpose in keeping this writ petition alive. Writ petition is closed without
prejudice to the right of the petitioner to challenge the order that has now
been issued, if so advised.
Sd/-
T.R. RAVI
JUDGE
Pn
WP(C) NO. 6695 OF 2024
APPENDIX OF WP(C) 6695/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTE HANDED BY THE
FATHER-IN -LAW TO THE PETITIONER
Exhibit P2 THE TRUE COPY OF THE FORENSIC REPORT DATED
19/12/2022
Exhibit P3 THE TRUE COPY OF THE LETTER SEND BY THE
PETITIONER TO THE 3RD RESPONDENT DATED
16/12/2023
Exhibit P4 THE TRUE COPY OF THE LETTER FORWARDED BY THE
3RD RESPONDENT TO THE 4TH RESPONDENT DATED
19/01/2024
Exhibit P5 A TRUE COPY OF THE LETTER SEND BY THE
PETITIONER TO THE 4TH RESPONDENT DATED
06/02/2024
Exhibit P6 A TRUE COPY OF THE CHIEF AFFIDAVIT
26/08/2021 IN MC NO. 370 OF 2019 OF THE
HON'BLE FAMILY COURT, KOLLAM
Exhibit P7 A TRUE COPY OF THE OP (DIVORCE) NO. 189 OF
2019 FILED BY THE PETITIONER BEFORE THE
FAMILY COURT, KOLLAM
Exhibit P8 A TRUE COPY OF THE B DIARY IN OP(DIVORCE)
NO. 189 OF 2019 ON THE FILES OF FAMILY
COURT, KOLLAM
Exhibit P9 A TRUE COPY OF THE JUDGMENT IN MC NO. 370 OF
2019 ON THE FILES OF FAMILY COURT, KOLLAM
DATED 24/06/2022
Exhibit P10 A TRUE COPY OF THE DEPOSITION OF THE
PETITIONER IN MC NO. 370 OF 2019 ON THE
FILES OF FAMILY COURT, KOLLAM DATED
1/06/2022
Exhibit P11 A TRUE COPY OF THE CHIEF AFFIDAVIT SUBMITTED
WP(C) NO. 6695 OF 2024
BY THE 6TH RESPONDENT BEING THE POWER OF
ATTORNEY HOLDER OF THE 5TH RESPONDENT
Exhibit P 12 A TRUE COPY OF THE DEPOSITION OF THE 6TH
RESPONDENT IN MC NO. 370 OF 2019 ON THE
FILES OF FAMILY COURT, KOLLAM DATED
07/06/2022
Exhibit P 13 A TRUE COPY OF THE MEMORANDUM OF REVISION
PETITION FILED BY THE 5TH RESPONDENT IN RPFC
NO.70 OF 2023 FILED BEFORE THE HON'BLE HIGH
COURT OF KERALA
Exhibit P 14 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE PETITIONER IN RPFC NO.70 OF 2023
FILED BEFORE THE HON'BLE HIGH COURT OF
KERALA
Exhibit P 15 A TRUE COPY OF THE B DIARY IN OP(G&W) NO. 05
OF 2020 PENDING ON THE FILES OF FAMILY
COURT, KOLLAM
Exhibit P 16 series A TRUE COPY OF THE EMAIL CONVERSATIONS
BETWEEN THE PETITIONER AND 5TH RESPONDENT
RESPONDENTS' EXHIBITS
Exhibit R6(a) TRUE COPY OF THE ORDER IN IA NO.4/2023
O.P(GW)NO.5/2020 OF THE FAMILY COURT KOLLAM
DATED-01.02.2024
Exhibit R6(b) TRUE COPY OF O.P (D.A)189/2019 FILED BY THE
PETITIONER BEFORE THE FAMILY COURT KOLLAM
DATED-14.02.2019
Exhibit R6(c) TRUE COPY OF O.P (SMA)NO.14/2022 FILED BY
THE PETITIONER BEFORE THE FAMILY COURT
KOLLAM DATED-07.02.2022
Exhibit R6(d) TRUE COPY OF O.P 1472/2019 FILED BY THE
PETITIONER BEFORE THE FAMILY COURT KOLLAM
FOR RETURN OF MONEY .DATED-11.11.2019
WP(C) NO. 6695 OF 2024
Exhibit R6(e) TRUE COPY OF OP (G W)NO.5/2020 PETION FOR
DECLARATION OF GUARDIANSHIP AND PERMANENT
CUSTODY OF THE WARD FILED BY THE PETITIONER
BEFORE THE FAMILY COURT KOLLAM DATED :
01.01.2020
Exhibit R6(f) TRUE COPY OF MC 370/2019 PETITION FOR
MAINTENANCE FILED BY THE PETITIONER BEFORE
THE FAMILY COURT KOLLAM. DATED:29.10.2019
Exhibit R6(g) TRUE COPY OF CAVEAT OP 17/2024 FILED BY THE
PETITIONER BEFORE THE FAMILY COURT
KOLLAM.DATED:30.01.2024
Exhibit R6(h) TRUE COPY OF WRITTEN STATEMENT FILED IN OP
1472/2019 BY THE 5TH RESPONDENT BEFORE THE
FAMILY COURT KOLLAM.DATED:05.03.2024
