Citation : 2025 Latest Caselaw 1094 Ker
Judgement Date : 17 July, 2025
2025:KER:53101
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
WP(C) NO. 26141 OF 2025
PETITIONER:
SHEELA S
AGED 61 YEARS, D/O SUMALIKA D.,
SHEELA BHAVAN, POOTTANIMUKKU,
CHANDANATHOPE PO, KERALAPURAM, PERINAD,
KOLLAM, KERALA, INDIA, PIN - 691014.
BY ADVS.
SMT.A.V.INDIRA
SHRI.ANANDHU SATHEESH
SMT.SREEDEVI S.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
GOVERNMENT OF INDIA,SOUTH BLOCK,
NEW DELHI, PIN - 110011.
2 THE CONSUL GENERAL
INDIA UAE EMBASSY, AL HAMRIYA,
DIPLOMATIC ENCLAVE, P.O. BOX 737,
DUBAI, UNITED ARAB EMIRATE.
W.P.(C)No.26141 of 2025
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3 PRINCIPAL SECRETARY
NORKA ROOTS NORKA ROOTS HEAD OFFICE
NORKA CENTRE, NEAR GOVERNMENT GUEST HOUSE
THYCAUD, THIRUVANANTHAPURAM, PIN - 695014.
ADDL.R4 NITHEESH V. MOHAN
S/O MOHANAN V.N.,
HAVING PERMANENT RESIDENCE AT RESIDING AT
VALIAVEETTIL HOUSE, PANACHIKKAD,
POOVANTHURUTH P.O., KOTTAYAM - 686012,
AND CURRENTLY RESIDING AT ROOM NO. 301,
AL QUBAIZI BUILDING, BEHIND ANSAR MALL,
AL NADA, SHARJAH, UAE.
[ADDITIONAL 4TH RESPONDENT IS IMPLEADED AS PER
ORDER DATED 17.07.2025 IN I.A.NO.1 OF 2025.]
BY ADVS.
SMT.O.M.SHALINA, DSGI
SRI.C.P.UDAYABHANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.26141 of 2025
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JUDGMENT
Dated this the 17th day of July, 2025
The writ petition has been filed by the petitioner
seeking the following reliefs:-
(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to diplomatically engage with the competent authorities in the United Arab Emirates and to secure a comprehensive, fair and transparent investigation report detailing the circumstances leading to and surrounding the deaths of Ms. Vipanjika Maniyan and her minor daughter Vaibhavi.
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to ensure that the post-mortem examination and all related medico-legal procedures concerning the mortal remains of Ms. Vipanjika Maniyan and her minor daughter Vaibhavi are performed strictly in accordance with internationally accepted protocols, with the complete findings and documentation fully disclosed to the bereaved family and to the Government of India.
(iii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to assist and ensure the timely repatriation of the mortal remains of Ms. Vipanjika Maniyan and her minor daughter Vaibhavi to India at the earliest, along with all necessary documentation and embalming certification, in accordance with applicable international and domestic procedures.
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(iv) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to provide regular and timely updates to the bereaved family and the Government of India, and to coordinate effectively with the concerned authorities in the United Arab Emirates.
2. The petitioner, the maternal aunt of the
deceased Vipanjika Maniyan, is seeking urgent intervention in
the matter relating to the tragic and suspicious deaths of
Vipanjika and her one-year-old daughter Vaibhavi in Sharjah,
United Arab Emirates. The deaths occurred on 8 th July, 2025
under circumstances that strongly indicate possible foul play,
coercion or abetment to suicide, contends the petitioner. The
petitioner is before this Court as she is the only close family
member available in Kerala, while the mother of the deceased
is in UAE for repatriation formalities and her sibling resides in
Canada.
3. The petitioner states that the deceased was
married to Mr. Nitheesh V Mohan and had been residing in
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Sharjah post-marriage. She was subjected to consistent
physical and emotional abuse by her husband and his family.
Distress calls, financial exploitation, and visible injuries shortly
before her death substantiate the allegations. The shocking
claim that the one-year-old child also died by hanging raises
strong suspicion of murder or other criminal acts, contends
the petitioner. A police complaint has been filed in Kerala and
FIR No.1504 of 2025 has been registered at Kundara Police
Station.
4. When this writ petition came up for hearing
today, Counsel for the petitioner as well as the Counsel
appearing for the additional 4th respondent submitted that
there was a mediation meeting in the Embassy in Sharjah
and it was decided that the mortal remains of the child will be
permitted to be buried in Sharjah by the additional 4 th
respondent. The additional 4th respondent has agreed that the
mortal remains of Vipanjika Maniyan (Passport No.V3062071)
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can be brought back to India and cremated by the mother of
Vipanjika Maniyan.
5. In the circumstances, as the issues are
almost solved consensually, no further orders are necessary
in this writ petition. Respondents 1 and 2 are directed to take
action for facilitating the transportation of the mortal remains
of Vipanjika Maniyan (Passport No.V3062071) to India. All
other legal contentions are left open.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH JUDGE ams
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APPENDIX OF WP(C) 26141/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE INDIAN PASSPORT BEARING NO: V3062071 OF VIPANJIKA MANIYAN Exhibit P2 TRUE COPY OF THE INDIAN PASSPORT Y1419398 OF VAIBHAVI Exhibit P3 PHOTOGRAPHS OF THE INJURY INFLICTED TO DECEASED VIPANCHIKA Exhibit P4 A TRUE COPY OF THE FACEBOOK POST FROM THE FACEBOOK ACCOUNT OF VIPANJIKA Exhibit P5 A TRUE COPY OF THE NOTE OF THE DECEASED VIPANCHIKA Exhibit P6 TRUE COPY OF FIR NO. 1504 OF 2025 ON THE FILES OF KUNDARA POLICE STATION, KOLLAM RURAL DATED 13/07/2025 Exhibit P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY VINOD MANIAYAN TO THE DUBAI POLICE HEADQUARTERS Exhibit P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE MLA PC VISHNU NATH DATED 13/07/2025 Exhibit P9 A TRUE COPY OF THE REPLY MAIL FROM THE UNDER SECRETARY, CHIEF MINISTER'S COMPUTER CELL Exhibit P10 A TRUE COPY OF THE EMAIL DATED 15-07-2025 FROM SHYLAJA J TO THE PETITIONER
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