Kerala High Court
Abdussamad vs The District Police Chief, Malappuram on 4 August, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
WP(CRL.) NO. 903 OF 2025
PETITIONER/FATHER OF DETENUE:
ABDUSSAMAD
AGED 34 YEARS
S/O. MOHAMMEDKUTTY K, KULAKKATH HOUSE, MELMURI,
KADAMPUZHA POST, MALAPPURAM, PIN - 676553
BY ADV SHRI.E.C.AHAMED FAZIL
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF, MALAPPURAM
OFFICE OF THE DISTRICT POLICE CHIEF, UP HILL,
MALAPPURAM, PIN - 676505
2 THE STATION HOUSE OFFICER, VAZHIKADAVU
VAZHIKADAVU POLICE STATION, VAZHIKKKADAVU, NILAMBUR
TALUK, PIN - 679333
3 HARIS
AGED 30 YEARS
S/O. HANEEFA, MADHUBAI HOUSE, ROOM NO. 4, MOHANS
QUARTERS, PALATHINGAL, VAZHIKADAVU POST, NILAMBUR
TALUK, MALAPPURAM DISTRICT, PIN - 679333
4 SHANIYA
AGED 23 YEARS
D/O. JABID (LATE), PULLANIKKAL HOUSE, KAMBALAKALLU,
WP(Crl).No.903 of 2025
2
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NILAMBUR TALUK, MALAPPURAM DISTRICT, PRESENTLY
RESIDING AT MADHUBAI HOUSE, QUARTER NO. 4, MOHANS
QUARTERS, PALATHINGAL, VAZHIKADAVU POST, NILAMBUR
TALUK, MALAPPURAM, PIN - 679333
BY ADVS.
PUBLIC PROSECUTOR
DIRECTOR GENERAL OF PROSECUTION
OTHER PRESENT:
SRI N B SUNIL NATH-GP
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD
ON 04.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(Crl).No.903 of 2025
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JUDGMENT
Devan Ramachandran, J.
We are aware that we require to be very circumspect and
cautious while writing this judgment because, the parties have
several disputes between them, including on the matrimonial
realm.
2. On 21.07.2025, we considered this matter when the
parties were before us; and we indited an order on that day,
which is as under:
"The parties were present in person again before us today.
2. The learned Government Pleader told us that the 3 rd
respondent is the accused in Crime No.326/2025 of the
Kalikavu Police Station, registered under the provisions of
Sections 85, 316(2) and Section 3(5) of the Bharatiya
Nyaya Sanhita, 2023 (BNS); and that a chargesheet has
already been filed in it, leading to the registration of CC
No.1136/2025, which is awaiting trial.
Interestingly, respondent No.4, mother of the child, agreed
that her daughter can be with her mother - who was
present before us along with the petitioner - for a few days
until we take a final decision, particularly as to the safety of
the child in the presence of respondent No.3 - who is a
stranger and whose first marriage has still not been
dissolved.
In the afore circumstances, with the consent of both sides,
we allow the 'alleged detenue' to be with the maternal
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grandmother and father until further orders are issued by
this Court.
List for further consideration on 04.08.2025."
3. Today, the 4th respondent is again present before us;
and confirmed that the child is with her mother, as ordered by this
Court. She, however, made a complaint that her mother was not
allowing her to talk to her child over phone, which we resolved by
allowing her to do so from the Court premises. It was then
confirmed by the 4th respondent that her mother allowed her
daughter to talk to her through phone; and we record the
undertaking of the petitioner's Counsel - Sri.Ahamed Fazile.C, that
she will have full and unrestricted access to her daughter; but
only at her mother's residence, without in any manner being
exposed to the 3rd respondent, who is a stranger to her.
4. We, thereupon, spoke to the 4 th respondent, who was
appearing in person and she said that she is happy with the afore
arrangement; but requested that she be left liberty to seek the
custody of her daughter at the appropriate time, after she is able
to take control of her life, which she admitted is now going
through a certain amount of turmoil.
5. We have no doubt that, what is relevant to us in this
proceeding is the well-being and safety of the child and nothing
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else. When the child is with her father and maternal
grandmother, we are of the view that the arrangement that we
made on 21.07.2025 - which, in fact, was done as requested by
the 4th respondent - should continue until such time that the said
respondent is able to obtain appropriate orders through legal
proceedings in future.
6. However, we clarify that what we have done through
our order dated 21.07.2025 is not to shut out the 4 th respondent
from her daughter; but to ensure that they have company with
each other, within the comfort of a safe place, which is her
maternal home.
We, therefore, reiteratingly order that, as long as the
child is with her father and maternal grandmother in terms of our
directions, the 4th respondent will have full access to her through
phone; and also to visit her physically, provided she does so at
the residence of her mother.
Sd/-
DEVAN RAMACHANDRAN,
JUDGE
Sd/-
M.B. SNEHALATHA,
JUDGE
Mms
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APPENDIX OF WP(CRL.) 903/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MARRIAGE CERTIFICATE
ISSUED ON 08.07.2025 HAVING REGISTRATION
NO. 261/2019 ISSUED FROM VAZHIKKADAVU
GRAMA PANCHAYATH
Exhibit P2 TRUE COPY OF THE CERTIFICATE OF BIRTH
ISSUED FROM MAMPAD GRAMA PANCHAYATH
HAVING REGISTRATION NO. 468/2022 ISSUED
ON 08.07.2025
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED
07.07.2025 SUBMITTED BY PETITIONER
BEFORE THE DISTRICT POLICE CHIEF,
MALAPPURAM ALONG WITH ITS RECEIPT
