Kerala High Court
G. Devi vs The State Of Kerala on 12 March, 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
WEDNESDAY, THE 12TH DAY OF MARCH 2025 / 21ST PHALGUNA, 1946
WP(CRL.) NO. 286 OF 2025
PETITIONERS:
1 G. DEVI, AGED 46 YEARS
W/O. MR. J. GANESH PANDIYAN, NO.13/6, GUGAN STREET,
PULIYURPURAM,KODAMBAKKAM, CHENNAI, PIN - 600024
2 J. GANESH PANDIYAN, AGED 44 YEARS
S/O. JAYAVEERA PANDIYAN, NO.13/6, GUGAN STREET,
PULIYURPURAM,KODAMBAKKAM, CHENNAI, PIN - 600024
A.C.VENUGOPAL
VIDHYA. A.C
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT POLICE CHIEF
DISTRICT POLICE CHIEF OFFICE, PALAKKAD - 678001
3 STATION HOUSE OFFICER, SREEKRISHNA PURAM POLICE
STATION, THIRUVAZHIYODE.P.O PALAKKAD, PIN - 679513
4 MRS.JAYALAKSHMI, AGED 52 YEARS, D/O. MR. P. ACHUTHAN,
NO.516A, CHARKADATHE, DEVI VILAS, SRIKRISHNAPURAM,
PALAKKAD - 679 513.
5 MRS.LEELA, AGED 73 YEARS, W/O. MR. P. ACHUTHAN,
NO.516A, CHARKADATHE, DEVI VILAS, SRIKRISHNAPURAM,
PALAKKAD, PIN - 679513
JAYARAJ M
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
12.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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2
JUDGMENT
Devan Ramachandran, J.
The parents of a 10 year old child - who will
hereinafter be referred to as the "alleged detenue" - impute
that he is being kept in detention by his own maternal
grandmother, namely the fifth respondent, with the assistance
of the fourth respondent, his maternal aunt.
2. Noticing the rather unusual circumstances and facts
presented, we allowed the petitioners to take out notice to the
party respondents by special messenger; and they were present
before us, along with the child, yesterday.
3. We interacted with the child, as also the parties and
recorded our opinion, which is available in the order that we
indited, namely as under:
"Today, the second petitioner and the 4th
respondent were present before us in person, along
with the child - who is stated to be the alleged
detenue.
We interacted with the child, who unequivocally
said that he is not under detention; and that he wants
to live with his maternal grandmother (respondent
No.4).
However, we saw that the child was exhibiting
nervousness, which the grandmother explained to be
because he was scared of his parents, particularly his
father.
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We, therefore, think it better that the child be
given some assistance; and hence refer the parties to
the Counsellor attached to the Family Counselling
Centre of this Court."
4. Today, the report of the psychological evaluation is
before us, which indicates rather limpidly that the child wants
to continue with the grandmother and that he has some kind of
alienation from his parents. We do not propose to make this
report public and choose to keep this secret to protect the
privacy of the alleged detenue. We so order.
5. It is evident from the materials on record, as also the
counselling report, that the child is not under detention; but
that he has some issues with his parents, which will require to
be resolved for his worthy upbringing and well-being in future.
6. That said, Sri.M.Jayaraj - learned counsel for the
party respondents, submitted that his clients have no intention
of holding on to the child and that if he wants to go with his
parents, he is welcome to do so. He added that, however, the
child is now completing his examinations and that, after it is
over, he can be handed over to the parents from her residence.
7. We are fully conscious that this is a writ petition
filed by the petitioners seeking issuance of a writ of habeas
corpus; and normally, when we see that the "alleged detenue"
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is not under detention, then the matter should end here.
8. However, adverting to the factum of the close
relationship between the parties and the allegation that the
child is being detained against his wishes by his own maternal
grandmother and aunt and further noticing that the petitioners
are his own parents, we are certain that the issue must be
resolved as amicably as is possible.
9. We, therefore, dismiss this writ petition; however,
recording the above submission of Sri.M.Jayaraj on behalf of
the party respondents.
10. Needless to say, the petitioners will be at liberty to
go to the house of the fifth respondent and collect the child
from there, but without use of force, after his examinations are
over.
11. After we dictated this part of the judgment, the
learned counsel for the petitioners requested that, until the
child is taken over by his clients, they may be allowed to talk to
him every day through voice/video call. The learned counsel for
the party respondents acceded to this, saying that the
petitioners can call at phone number 9605917388 /
9605789061; but requested that this Court clarify that the
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conversation be at a time which will not disturb the curricular
activities of the child.
Therefore, with the consent of both sides, we further
order that the petitioners will be at liberty to call the child
every day between 7 and 8 p.m. at phone number 9605917388 /
9605789061, however; making sure that his curricular activities
are not disturbed.
Sd/- DEVAN RAMACHANDRAN
JUDGE
Sd/- M.B. SNEHALATHA
JUDGE
stu
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APPENDIX OF WP(CRL.) 286/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MARRIAGE CERTIFICATE
ISSUED BY SUB REGISTRAR'S OFFICE,
KODAMBAKKAM, CHENNAI DATED 01.12.2014
Exhibit P2 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED
BY GREATER CHENNAI CORPORATION, DEPARTMENT
OF PUBLIC HEALTH DATED 22.11.2022
Exhibit P3 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED
BY GOVT. OF TAMIL NADU, DEPARTMENT OF
PUBLIC HEALTH AND PREVENTIVE MEDICINE DATED
03.09.2014 ALONG WITH ENGLISH TRANSLATION
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THE HON'BLE
MADRAS HIGH COURT IN O.P. NO. 397/2023
DATED 08.03.2024
Exhibit P5 TRUE COPY OF THE COMPLAINT GIVEN TO THE 3RD
RESPONDENT DATED 10.02.2025 ALONG WITH
ACKNOWLEDGEMENT CARD
Exhibit P6 TRUE COPY OF THE COMPLAINT GIVEN TO THE 2ND
RESPONDENT DATED 12.02.2025 ALONG WITH
ACKNOWLEDGEMENT CARD
