Kerala High Court
Manjima S. Anil vs State Of Kerala on 18 June, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:43288
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947
WP(CRL.) NO. 644 OF 2025
PETITIONER:
MANJIMA S. ANIL, AGED 25 YEARS
S/O S.R. ANIL KUMAR,
RESIDING AT SWAMIMADATHIL (H)
KORUTHODU P.O. KORUTHODU KOTTAYAM,
PIN - 686513.
BY ADVS. SMT.MAJIDA.S
SRI.AJIKHAN.M
SMT.FIZA HUSSAIN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 SUB-INSPECTOR OF POLICE,
MUNDAKAYM POLICE STATION,
KOTTAYAM, PIN - 686513.
3 A.R. SUKKU, AGED 55 YEARS
S/O RAMANKUTTY ANJILIMOOTIL KARINILAM P.O.
PULIKUNNU- . KOTTAYAM-, PIN - 686033.
2025:KER:43288
WP(CRL.) NO. 644 OF 2025
-2-
4 BEENA SUKKU, AGED 52 YEARS,
W/O A.R. SUKKU, ANJILIMOOTIL
KARINILAM P.O. PULIKUNNU
KOTTAYAM-, PIN - 686033.
SRI N B SUNIL NATH, GP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 18.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:43288
WP(CRL.) NO. 644 OF 2025
-3-
JUDGMENT
Devan Ramachandran, J.
The petitioner alleges that her younger
daughter is being detained illegally by respondents
3 and 4; but conceding that they are her in laws.
She says that her husband, unfortunately, has passed
away and that this has led to certain
misunderstanding between the parties, but that the
party respondents use it as a ruse to keep her away
from her own daughter. She thus prays that her
daughter be freed from the detention of the party
respondents particularly because, she has an elder
daughter also, who is longing for the company of her
sibling.
2. We had considered this matter earlier on
03.06.2025 and recorded our impression gathered
during the interaction with the parties, who were
2025:KER:43288
WP(CRL.) NO. 644 OF 2025
present on that day, in our order extracted as
under:
The respondents 3 and 4 were present
before us along with the child today. The
petitioner - mother was also available
personally.
2. We interacted with the parties.
3. The respondents 3 and 4 submitted
that they have no objection to the child
being with the mother; but that there are
certain deep rooted disputes between them.
The factum of such disputes were affirmed by
Smt.Majida.S - learned Counsel for the
petitioner also.
4. We, therefore, requested
Sri.T.B.Shajimon - a learned Counsel of this
Court, to act as a mediator between the
parties, to verify if a settlement can be
brought out. But, even though the parties
talked to each other in the presence of
Sri.T.B.Shajimon for over an hour, we see
that a breakthrough has not been able to be
obtained.
5. The respondents 3 and 4 sought a few
days time to engage a Counsel; but agreed
that the child can be with the mother until
the next posting date.
2025:KER:43288
WP(CRL.) NO. 644 OF 2025
We, therefore, adjourn this matter to
be called on 10.06.2025; and until the said
date, we permit the child to leave with the
mother from this Court, to be produced before
us on the next posting date.
3. Today, the 3rd respondent was again present
in person and he submitted that he has no objection
in the child remaining with the petitioner
permanently. He, however, requested that he and his
wife be given access to the child every second and
fourth Saturday, till the ensuing Sunday, so that
their bonding with her can continue without
interruption.
4. In response, the petitioner acceded to the
afore suggestion, saying that she is willing to have
the children given to the party respondents -
grandparents at 10 a.m. on every second and fourth
Saturday, till 5 p.m. on the ensuing Sunday. She,
however, requested that, in case the children have
2025:KER:43288
WP(CRL.) NO. 644 OF 2025
academic or non-academic requirements on such days,
the grandparents be directed to ensure that it is
honoured, by taking them to the School or such other
place as may be necessary.
5. The afore was wholly accepted by
respondent No.3 on his own behalf and on behalf of
the 4th respondent.
In the afore circumstances and commending the
parties for finding peace, we allow this Writ
Petition, recording that the children in question
are now with the mother in her full custody; but
recording her consent that the 'alleged detenue' and
her sibling can be in interim custody of their
grandparents - namely respondents 3 and 4 - from 10
a.m. every second and fourth Saturday henceforth,
till 5 p.m. the ensuing Sunday. The place of
exchange for this shall be the residence of the
petitioner, as also expressly agreed to by the
2025:KER:43288
WP(CRL.) NO. 644 OF 2025
parties.
We further order that respondents 3 and 4
will ensure that, if during the time when the
children are in their custody, they have curricular
or extracurricular activities, they shall be taken
to the School or such other place as requisite.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
akv JUDGE
