Kerala High Court
Parthan K S R vs Sangetha Kumari. S on 13 September, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
2024:KER:70263
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA,
1946
WP(CRL.) NO. 1021 OF 2024
ORDER DATED 04.09.2024 IN IA 20/2024 IN GOP NO.23
OF 2022, FAMILY COURT, KOTTARAKKARA
PETITIONER:
PARTHAN K S R, AGED 39 YEARS
REMYA HOUSE, ANAKKOTTOOR PO,
VENMANNOOR, NEDUVATHOOR,
KOTTARAKKARA, KOLLAM., PIN - 691505
BY ADV PARTHAN K S R(Party-In-Person)
RESPONDENT:
SANGETHA KUMARI. S, AGED 33 YEARS
SREEKRISHNA VILASAM PANAMBILAL PUTHEN VEEDU,
THALAVOOR PO, RANDALUMMOODU, PATTHANAPURAM,
KOLLAM., PIN - 691508.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 13.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(CRL.) NO. 1021 OF 2024
-2-
JUDGMENT
Devan Ramachandran, J.
Even though the petitioner has filed this
Writ Petition asserting to have invoked Article
226 of the Constitution of India, and though he
submits before us that he is seeking the
issuance of a writ of Habeas Corpus against the
respondent to produce his two minor children
before this Court, the prayers sought are rather
ambiguous and non specific, namely as under:
I humbly request the Honorable
Court to grant the following reliefs from
Ms. Sangeetha, who has engaged in
criminal, unethical, and inhumane actions
(for which evidence, witnesses, and
testimonies are available). My young
children are the future citizens of
tomorrow, and I cannot allow them to be
shaped into future criminals.
1. Regardless of the outcome of
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the family court case, I request the
permanent custody of my children until
the final judgment is pronounced.
2. I request that my children be
granted either permanent or temporary
custody with me from September 10 to 20,
so they can celebrate Onam with their
father for the first time.
3. I request that the necessary
counseling for my children be arranged
either through an authority appointed by
the Honorable Court or through a
recognized medical practitioner.
4. Given that Sangeetha has
previously subjected me to various forms
of harassment (including two attempts on
my life during evidence collection trips
in 2022; physically assaulting my 70-
year-old mother within the court
premises; and using her half-brother to
trespass and harass my bedridden father
at home), I request that police presence
be ensured during the transfer and return
of my children, to prevent any law-and-
order issues and avoid legal
complications.
5. I request that my children be
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allowed to joyfully celebrate the Onam
holidays with my elderly parents, who
have been bedridden due to the actions of
Sangeetha.
2. Perhaps, we can condone the manner
in which the prayers have been sought because,
the petitioner is appearing in person and is
stated to be one who is not conversant with
procedure.
3. However, interestingly, the
petitioner himself admits that he has filed an
Original Petition, bearing No.OP(G&W)No.23/2022,
before the learned Family Court, Kottarakkara,
seeking permanent custody of his two minor
children; and that he has obtained an order in
I.A.No.20/2024 therein - again filed by him,
seeking their interim custody - on 06.09.2024,
whereby the children have been directed to be
handed over to him by their mother from 9 a.m.
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till 4 p.m. on 16.09.2024 and for two days from
10.30 a.m. on 18.09.2024 till 10.30 a.m. on
20.09.2024.
4. Obviously, this Writ Petition,
seeking the issuance of the writ of Habeas
Corpus against the respondent to produce the
children, is not maintainable because, the
petitioner has already invoked his remedies
before the jurisdictional Family Court, as we
have noticed above.
5. Coming to the various other reliefs
sought, they cannot be considered by us either
because, what the petitioner requires is an
investigation into the respondent's affairs qua
their matrimonial disputes; and this is more so
when he unequivocally admits that he has already
obtained a divorce from her through a judgment,
which has now become final.
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6. In the afore circumstances, we find
no cause to entertain this Writ Petition,
particularly when the interim custody of the
children has already been ordered to be given to
him by the learned Family Court Kottarakkara, as
mentioned above.
Thus, with the every other liberty
available in law being reserved to the
petitioner, we close this Writ Petition without
any further orders.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
akv JUDGE
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WP(CRL.) NO. 1021 OF 2024
APPENDIX OF WP(CRL.) 1021/2024
PETITIONER EXHIBITS
EXHIBIT_P1 COPY OF FIR NUMBER 0295, DATED
09/02/2022, KOTTARAKKARA POLICE
STATION. THIS IS THE FIR REGARDING
THEIR HALF-BROTHER, MILITARY OFFICER
MR.GANESH, WHO ENTERED MY HOUSE UNDER
THE INFLUENCE OF ALCOHOL, ASSAULTED,
AND THREATENED MY FATHER.
EXHIBIT_P2 COPY OF ORDER FROM KOLLAM RURAL SP,
DATED 10/06/2022. THE INVESTIGATION
REPORT CONCERNING THE COMPLAINT TO THE
CHIEF MINISTER, SP, AND NRI CELL
REGARDING TAKING THE CHILDREN TO DUBAI
(FOR SEX TRAFFICKING WORK) WITHOUT MY
KNOWLEDGE OR CONSENT WHILE A COURT
ORDER WAS STILL IN EFFECT, AFTER
MISLEADING THE GOVERNMENT TO OBTAIN
LEAVE.
EXHIBIT_P3 COPY OF NEWS PEPPER CUTTING OF
MR.SHAJIR'S DEATH AT MY WIFES HOUSE.
THE NEWS OF SHAJIR'S DEATH AT
SANGEETHA'S HOUSE, WHERE HE WAS
STAYING AND HARASSING THE CHILDREN
EVEN BEFORE THE DIVORCE CASE WAS FILED
AND DURING THE ONGOING CASE. THE
ADDRESS IN THE DEATH NEWS IS THAT OF
SANGEETHA'S HOUSE.
EXHIBIT_P4 COPY OF A PHOTO OF SANGEETHA SITTING
AT A PLACE CALLED MAMZAM PARK ON THE
DUBAI-SHARJAH BORDER. IT IS EVIDENT
THAT SHE WAS AT DUBAI WITH CHILDREN.
EXHIBIT_P5 COPY OF MEDICAL REPORT FROM VIJAYA
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HOSPITAL DATED 30.07.2023
EXHIBIT_P6 COPY OF MEDICAL REPORT FROM DR. NAIR'S
HOSPITAL DATED 30.08.2024
EXHIBIT_P7 COPY OF ID PROOF OF PETITIONER, PARTY
IN PERSON (AADHAAR CARD COPY).
