Kerala High Court
Devaki M vs State Police Chief on 7 August, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
WP(Crl).No.1015of2025
2025 : KER: 59140
IN TEE HIGH COURT OF KERAIA AT ERNAKuliAM
PRESET
THE HowouRABLE im. TuSTlcE DEVAN RaencHANDRAN
&
THE HONouRABLE ims. -usTlcE M.B. SNEHAIATHA
THusDAY, THE 7" DAY OF AUcOST 2025 / 16TH SRAVENA, 1947
WP(CRII.) NO.1015 0F 2025
PETITIONER:
DEvexl M
AGED 54 YEARS
W/O SUBREENIEN, N H Cot.ONY, IRATTATHODU,
REDlylRupp p.0. , KONDOTTy TAI+uK, imlAppuRAM
DISTRICT, PIN - 673638
By revs.
SHRI .ADITH¥A VABim s .
SHRI.EUREES P.K.
REsporoENTs :
STATE POLICE CHIEF
OFFICE OF THE DIRECTOR GENERAI. OF POI.ICE,
VAZHUTHACAUD, THIRUVENENTHAPURAM, PIN - 695010
2 . THE DISTRICT POIIICE CHIEF
ithlfAppuRAI4 DlsTRlcT, Dpo Roal] , UPHILI, , enlLzippuRAM,
PIN - 676505
THE STATION HOUSE OFFICER
KONDOTT¥ poLlcE sTAIloN, KormoTT¥ p.o. , imLAppuRZD4
DISTRICT, PIN - 673638
4 suBELasH
s/O SURENDEN, vlIAyll. HOusE , RENArmcuLae4,
WP(Crl).No.1015of2025
2025 : KER: 59140
KAZHAKcOTTAM, THIRtJVENENTHAPURAM, PIN - 695582
THE STATION HOusE OFFlcER(sOuGHT TO BE IneLEADED)
RAZHAKKOOTAM (NH-66 RD) , THIRUVENENTHAPURAM,
KERAIA -695582.
BY ADVS.
SRI . Menu RrmcHANDRAN
SRI.R. RAJESH (VARICA14A)
SRI . M . KIRzuTlnl,
SRI . I . S . SARATH
SHRI . SAld=ER M HAIR
SMT . sAIInKSHMI MENON
SRT. AASHI K. SHAJAN
SHRI . RAVISANKAR C . R .
Sri.N.B.StJNIL NATH -GP
THls WRIT PETITION (CRIMINAI,) HAvlNG BEEN FINAI[I.I HEanD
0N 07.08.2025, THE COURT 0N THE SAIE DAY DELIVERED THE
roLI.owlNG :
WP(Crl).No.1015of2025
2025 : KER: 59140
JUDGMENT
Devan Ramachandran, J.
This is a rather hard case where, the petitioner - who is
the maternal grandmother of a 5 year old child - says has been
constrained to approach this Court seeking her custody, or even
visitation; through conceding that what she has sought for is a
writ of Habeas Corpus.
2. The child is a victim of circumstances because, her
mother is now no more and she is with the 4th respondent -
father, who is working in the Indian Army; and hence in the care
of his parents.
3. Indubitably, the fight is between the grandparents;
and we are sure that this ought not to be, particularly when the
child is in her formative years.
4. The parties were personally present before us on
05.08.2025; and their learned Counsel sought that they be given
an opportunity of settling all disputes between them through
mediation. We thus referred them to mediation; and we are
pleased to see that a Memorandum of Agreement has been filed
before us by the parties, agreeing to the terms that they are
WP(Crl).No.1015of2025
2025 : KER: 59140
mutually accepted.
5. The learned Counsel for both sides prayed that this
Writ Petition be disposed of recording the Memorandum of
Agreement entered into by the parties; and affirming that their
clients will abide by the same without any default.
In the afore circumstances, we close further proceedings
in this Writ Petition; however, recording the Memorandum of
Agreement between the parties - a copy of which shall be
appended with this judgment; with a concomitant direction to
both sides to implicitly comply with the same and create no
unnecessary strife between themselves in future.
Sd/-
DEVAN RAMACHANDRAN,
JUDGE
Sd/-
M.B. SNEIIALATIIA,
JUDGE
Mms
WP(Crl).No.1015of2025
2 0 2 5 : KER : 5 914 0
APPENDIX OF WP(C".) 1015/2025
PETITIONER EXEIIBITS
Exhibit P1 TEun copy OF COMPIAINT FII.ED BEFORE THE
3ED RESPONDENT ALONG WITH RECEIPT DATED
19/07/2025
RESPONDENT EXHIBITS
Exhibit R4 (a) true copy of the OP ticket no.261 dated
28.06.2023 issued from Comznunity Health
Centre , Puthenthope , Thiruvananthapuram
Erdibit R4 (b) true copy of the front page of
achievement report of Rum. Ashvi Subash
i a sued from Jyo ti Ni layam Senior
Secondary School
Exhibit R4 (a) true copy of the ID card of Ashvi Subash
i a sued from Oyo ti Ni layam Senior
Secondary School for the study in UKC
class
BEFORE THE HONOuFtABLE EJ[GE+ CotJRT OF KERALA AT ERNLAKULAM
Devaki M Petitioner
Vs.
State Police Chief & Others Respondents
MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF CIVIL
PROCEDURE READ WITH RULES 24 & 25 0F THE CIVIL PROCEDURE
(ALTERNATIVE DISPUTE RESOLUTION),RULES, 2008:
1. The power of attorney holder Of the 4th respondent agrees to give custody Of
Kum.Ashvi Subash to Devaki (writ petitioner) and Subramanian (Husband of the Writ
Petitioner) for a period of 25 days in total per year till she attains majority. This
custody will be construed as 5 days each during Onam and Christmas Vacations
excluding Thiruonam and 15 days during mid summer vacations. The above 15 days
of custody during the mid summer vacation will be decided without interfering with
the leave and presence of 4th respondent in Kerala.
2. The 4th respondent and his family will be at liberty to video call and
communicate with the minor during the period of custody by the writ petitioner and
her husband. The writ petitioner and her husband will be at liberty to have
communication including video chat with the child on all days at a time between
7.00 p.in to 8.00 p.in. Either parties shall facilitate and make necessary
arrangements for giving effect to this condition.
3. The writ petjtjoner and her husband shall not de.pute anyone else to take the
custody or bring back the child at any point of time during the above custodial
period.
Petitioner 4th Respondent
•``
Devaki M Subhash
(Rep by Lalitha, POA Holder)
4, The writ petitioner and her husband will be having the liberty to visit the
child at the residence of the 4[h respondent and interact with her,
The 4th respondent or his representatives agrees to facilitate the same.
5, Both parties agrees that they will not crjtjcjze each other before the chjJd.
6. The writ petitioner and her husband agrees to maintain welfare of the child
in all respect during which time they are given custody as above mentioned.
7. The writ petitioner and husband agrees that they
forgo the custody of the child during the Onam Vacation of the year 2025.
8, Respondent Nos.1, 2 and 3 being forma-I partiesf hence they are
not signatories to this settlement agreement.
9. In case of any default to perform any of the above mentioned
conditions by either parties, the aggrieved party is entitled to enforce
their respective rights in accordance with the law.
Dated this the 5th day of August, 2025.
Petitioner 4th Respondent dLae
Devaki M Subhash
p:z, ±-
ii''H_.I--''--''i-.-''E
cAODulTn¥eihfvot:"a:fr:e\Sp.etitioner Counsel for the 4th F`espondent
This settlement agreement js authenticated by me.
-_iE=
Adv. Muhammed K,M (Mediator)
