Kerala High Court
Jithin K Purushu vs State Of Kerala on 22 May, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
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WP(CRL.) NO. 525 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 22ND DAY OF MAY 2025 / 1ST JYAISHTA, 1947
WP(CRL.) NO. 525 OF 2025
PETITIONER:
JITHIN K PURUSHU
AGED 38 YEARS
S/O. N. PURUSHOTHAMAN KATTUMAKKIL HOUSE, THIRUNELLI,
SULTHAN BETHERI P.O, WAYANAD, PIN - 673592
BY ADVS.
A.PARVATHI MENON
P.SANJAY
KIRAN NARAYANAN
RAHUL RAJ P.
MEERA R. MENON
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ADDL CHIEF SECRETARY, HOME DEPARTMENT,
GOVERNMENT OF KERALA THROUGH PUBLIC PROSECUTOR , HIGH
COURT OF KERALA, PIN - 682031
2 STATE POLICE CHIEF
KERALA POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM, KERALA, PIN - 695010
3 STATE POLICE CHIEF
KARNATAKA STATE POLICE HEADQUARTERS, KARNATAKA, PIN -
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WP(CRL.) NO. 525 OF 2025
2
560001
4 DISTRICT POLICE CHIEF
WAYANAD, OFFICE OF DISTRICT POLICE CHIEF, WAYANAD RD,
CIVIL STATION, MADATHUMPADI, KOZHIKODE, KALPETTA,
KERALA, PIN - 673122
5 STATION HOUSE OFFICER
SULTAN BATHERY POLICE STATION, SULTAN BATHERY P.O,
WAYANAD DISTRICT, PIN - 673592
6 STATION HOUSE OFFICER
PONNAMPET POLICE STATION, BIZZARE NAGARA, PONNAMPET
P.O, KODAK DISTRICT, KARNATAKA, PIN - 571216
7 T.M KRISHNA RAJENDRA
AGED 64 YEARS
THADATHIL HOUSE, PONNAMPET P.O, KODAGU, KARNATAKA, PIN
- 571216
8 JANCY P.G
AGED 60 YEARS
W/O T.M. KRISHNA RAJENDRA, THADATHIL HOUSE, PONNAMPET
P.O, KODAGU, KARNATAKA, PIN - 571216
BY ADVS.
MOHANKUMAR P T
RAM MOHAN(K/2812/2023)
SMT MARY BEENA JOSEPH-SR.GP.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
22.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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3
JUDGMENT
DEVAN RAMACHANDRAN (J)
When this matter was considered by another
Bench of this Court on 06.05.2025, after
interacting with the parties, the following order
had been indited:
"We have heard the learned
counsel appearing for the petitioner,
learned Government Pleader and the
learned counsel appearing for respondent
Nos.7 and 8. 2. Petitioner is the son-
in-law of respondent Nos.7 and 8.
2. Petitioner is the son-in-law
of respondent Nos.7 and 8. The wife of
the petitioner/ daughter of respondent
Nos.7 and 8 passed away on account of
malignancy on 21.03.2024. The minor
child, born out of the relationship
between the petitioner and the late
daughter of respondent Nos.7 and 8, is
presently residing with respondent Nos.7
and 8 . She is aged about 4 ½ .
3. Learned Government Pleader
has placed before us the report of the
Inspector of Police, Sulthan Bathery
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police station, which indicates that the
issues between the petitioner and
respondents 7 and 8 arise out of petty
misunderstandings and an amicable
solution is possible if both sides wish
to do so.
4. Having interacted with the
petitioner and respondent Nos.7 and 8,
we are of the opinion that this is a
case where issues between the petitioner
and respondent Nos.7 and 8 can be easily
resolved. Presently, the minor child is
dependent on and seems quite attached to
respondent Nos.7 and 8. This is possibly
on account of the fact that the
petitioner had no access to his child
and has been away from her for quite
some time, after the death of his wife.
The petitioner, very reluctantly and on
our prompting, has agreed that, for a
period of two weeks, he will reside with
respondent Nos.7 and 8 and his minor
daughter at their residence at Coorg. We
believe that this course of action is
necessary, so that a bond may develop
between the petitioner and his minor
child.
5. Respondent Nos.7 and 8 have
absolutely no objection to the aforesaid
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course of action.
6. Therefore, purely as an
interim measure and subject to further
orders, we permit the petitioner to
reside with respondent Nos.7 and 8 and
his minor child at the residence of
respondent Nos.7 and 8 at Coorg, for a
period of two weeks from 08.05.2025. The
petitioner will also be permitted to
take the child out and there will be
absolutely no restriction placed on his
interactions with the child during the
aforesaid period of two weeks.
List this matter for further
consideration on 22.05.2025."
2. Smt.A.Parvathi Menon - learned
counsel for the petitioner, conceded that her
client is now staying - in obedience to the above
order - with respondents 7 and 8, as also the
child, in the latter's residence and that the
relationship between them has moved cordially.
She, therefore, prayed that the child be released
to her client; but undertaking that the maternal
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grandparents, namely respondents 7 and 8 will
have unrestricted access to her, either
physically or through phone and another methods.
She explained that her client has nothing against
his in-laws and therefore, that he is also
willing to take the child to them whenever they
want.
3. Sri.Mohan Kumar - learned counsel
for the party respondents, graciously accepted
the afore suggestions saying that his clients
never want permanent custody of the child, but
is concerned about her as any grandparent would
be. He added that his clients have been taking
care of the child ever since the death of her
mother and therefore, that they have developed
close affinity to her. He prayed that his clients
be, therefore, allowed full access to her
whenever they want, as has been suggested by
Smt.A.Parvathi Menon.
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4. Interestingly, the afore extracted
order itself records that the disputes between
the parties are out of "petty misunderstandings".
5. That said, we do not see why there
should be a dispute between the parties with
respect to the child. Both of them are victims -
One of whom has lost his wife; while the other
having lost their daughter. They must learn to
live each other in peace and act in the best
interest of the child, who, we are sure would be
greatly benefited by the presence of grandparents
on either side.
In the afore circumstances, recording the
afore submissions of both sides, we allow this
Original Petition and permit the petitioner to be
in custody of his daughter; however, making it
clear that respondents 7 and 8 will have full and
unconditional access to her, either physically or
through phone and such other methods, at any
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point of time.
We close this judgment with hortative hope
that the parties will find peace with each other
and will live amiably, holding each other in the
highest levels of the relationship between them.
After we dictated this part of the
judgment, Smt.Parvathi Menon - learned counsel
for the petitioner, submitted that her client has
moved a original petition before the
jurisdictional Family Court seeking permanent
custody of the child. She added that in view of
the afore directions, the said petition may not
be necessary to be further prosecuted; and hence
that her client will withdraw the same, provided
respondents 7 and 8 do not create any further
impediment.
Sri.Mohan Kumar - learned counsel for the
said respondents, in response, submitted that his
clients' intend is not to pursue litigation, but
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to ensure that the child lives with dignity and
full worth. He added that in view of the afore
arrangement made by this Court, the afore said
original petition may not be necessary and that
his clients will also support its withdrawal
before the learned Family Court in due course.
This is recorded.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B. SNEHALATHA
JUDGE
SAS
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APPENDIX OF WP(CRL.) 525/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF O.P(G&W) NO. 190/2024 BEFORE THE
FAMILY COURT, KALPETTA, DATED 12.04.2024
Exhibit P2 TRUE COPY OF O.P(FC) NO. 330/2024 BEFORE THIS
HONOURABLE COURT DATED 21.05.2024
Exhibit P3 TRUE COPY OF THE DETAILED COUNTER AFFIDAVIT
DATED 22.06.2024 FILED BY PETITIONER TO
EXHIBIT P2
Exhibit P4 TRUE COPY OF JUDGMENT DATED 09.07.2024 IN
O.P(FC) 330/ 2024
Exhibit P5 TRUE COPY OF THE I.A 18/ 2025 DATED
04.02.2025 BEFORE THE FAMILY COURT, KALPETTA
FILED BY RESPONDENTS 7 AND 8
Exhibit P6 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY
THE KOCHI MUNICIPAL CORPORATION ON 18.12.2020
Exhibit P7 TRUE COPY OF DEATH CERTIFICATE OF THE
DECEASED MEGHANA ISSUED BY ADAT GRAMA
PANCHAYATH ON 26.03.2024
Exhibit P8 TRUE COPY OF AADHAR CARD OF DETENUE DATED
NILL
Exhibit P9 TRUE COPY OF THE RESIDENCE CERTIFICATE OF THE
DETENUE INDICATING THE PETITIONER'S ADDRESS
DATED 24.09.2024
Exhibit P10 TRUE COPY OF THE NATIVITY CERTIFICATE ISSUED
BY SULTHAN BATHERY TALUK OFFICE, DATED
23.09.2024
Exhibit P11 TRUE COPY TRUE COPY OF THE PAYMENT RECEIPT OF
GENIUS INTERNATIONAL SCHOOL DATED 17.10.2023
Exhibit P12 TRUE COPY OF THE REPRESENTATION BEFORE 4TH
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RESPONDENT DATED 23.04.2025
Exhibit P13 TRUE COPY OF THE REPRESENTATION BEFORE 5TH
RESPONDENT DATED 22.04.2025
Exhibit P14 TRUE COPY OF THE REPRESENTATION MADE TO THE
6TH RESPONDENT DATED 22.04.2025
Exhibit P15 TRUE COPY OF THE REPRESENTATION PREFERRED
BEFORE THE SUPERINTENDENT OF POLICE, KODAKU
DISTRICT DATED 22.04.2025
Exhibit P16 TRUE COPY OF THE APPOINTMENT LETTER
APPOINTING PETITIONER AS THE HSSEQ CLUSTER
OFFICER OF V. SHIPS SHIP MANAGEMENT (INDIA)
PVT. LTD DATED 05.08.2024
Exhibit P17 TRUE COPY OF THE CONFIRMATION OF MY
EMPLOYMENT DATED 06.02.2025 ISSUED BY V.
SHIPS SHIP MANAGEMENT (INDIA) PVT. LTD
Exhibit P18 TRUE COPY OF THE FORMAL REQUEST EMAIL
SUBMITTED BY PETITIONER ON 02.05.2025
Exhibit P19 TRUE COPY OF THE OFFICIAL APPROVAL DATED
05.05.2025 FROM EMPLOYER GRANTING PERMISSION
TO WORK FROM HOME FROM 01.05.2025 TO
31.10.2025
