Kerala High Court
Shaukath Ali Kallil vs State Of Kerala on 29 April, 2025
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W.P. (Crl.) No. 520 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947
WP(CRL.) NO. 520 OF 2025
PETITIONER:
SHAUKATH ALI KALLIL,
AGED 37 YEARS, S/O. MOOSA K,
SAL SABEEL, NEAR AYSHA STORE, PONNIAM ROAD,
5TH MILE, KADIRUR, KANNUR, PIN - 670642
BY ADV.
V. A. VINOD
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVNANTHAPURAM,
PIN - 695001.
2 COMMISSIONER OF POLICE,
OFFICE OF THE COMMISSIONER OF POLICE,
KANNUR, PIN - 670002.
3 STATION HOUSE OFFICER
VALAPATTANAM POLICE STATION,
KANNUR, PIN - 670010.
4 RENCY KACHAYI PUTHIYA PURAYIL,
D/O. KADERKUNHI, SAHIDAS, KOLLARATHINKAL,
CHIRAKKAL P.O, KANNUR, PIN - 670011.
BY ADV.
SUNIL KUMAR KURIACHOSE - SR. PP
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W.P. (Crl.) No. 520 of 2025
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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 29.04.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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W.P. (Crl.) No. 520 of 2025
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G. GIRISH & K. V. JAYAKUMAR, JJ.
--------------------------
W.P.(Crl.) No. 520 of 2025
-------------------------
Dated this the 29th day of April, 2025
JUDGMENT
G. GIRISH, J
The learned Public Prosecutor representing the
respondents 1 to 3 submits that the detenue, a child aged 7 years,
is presently at Dubai along with the 4th respondent, his mother.
As per the report of the Station House Officer (SHO),
Valapattanam Police Station, Kannur, the present address of the
4th respondent where the detenue is taken care of is 'Flat No. R06,
Al Othman Building, Frij Murar, Dubai, UAE, PO Box No. 21181'.
2. As per the terms of the agreement between the
petitioner and the 4th respondent in the case before the Family
Court, Thalassery, the petitioner is entitled to have custody of the
child for one day every week while he is in the native place. It is
further provided in the said agreement that the petitioner is
having the option to interact with the child online for ten minutes
every day. The learned Counsel for the petitioner would submit
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that all the above conditions of the agreement have been
violated by the 4th respondent. We find that the notice of the 4th
respondent has been returned unserved since she is not at
station.
3. Having regard to the fact that the detenue is presently
under the care and protection of his mother, the 4th respondent,
at Dubai, the petitioner has to workout the further remedies by
way of execution of the Judgment rendered by the Family Court
in the matrimonial issue between the petitioner and the 4th
respondent. It is submitted by the learned Counsel for the
petitioner that as per his instructions, the petitioner has already
moved an application before the Family Court concerned in
connection with the violation of the terms of agreement between
the parties.
4. In the above circumstances, we deem it appropriate to
dispose of this petition with directions to the Family Court,
Kannur, to expedite the proceedings in the violation petition said
to have been filed by the petitioner. In the result, the writ
petition (Crl.) is disposed of as follows:
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The Family Court, Kannur, shall consider the petition, if any,
filed by the petitioner in connection with the violation of the
terms of the Judgment in OP No. 284 of 2021 of Family Court,
Kannur, and pass orders thereon as expeditiously as possible.
Sd/-
G. GIRISH
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
Svn
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APPENDIX OF WP(CRL.) 520/2025
PETITIONER EXHIBITS
EXHIBIT P-1 TRUE COPY OF THE SETTLEMENT AGREEMENT ENTERED
INTO BETWEEN THE PETITIONER AND THE 4TH
RESPONDENT DATED 30.11.2021
EXHIBIT P-2 TRUE COPY OF THE JUDGMENT IN O.P (F.C) NO
242/2021 DATED 07.02.2024
EXHIBIT P-3 TRUE COPY OF THE COMPLAINT DATED 14.04.2025
ALONG WITH RECEIPT
