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Kerala High Court
Sona Soman vs State Of Kerala Represented By The ... on 7 April, 2026
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
2026:KER:30960
WP(CRL.) NO. 592 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
TUESDAY, THE 7TH DAY OF APRIL 2026 / 17TH CHAITHRA, 1948
WP(CRL.) NO. 592 OF 2026
PETITIONER/S:
SONA SOMAN
AGED 31 YEARS
D/O SOMAN KOOVAPARAMBIL KUMARAN, PERMANENTLY RESIDING
AT KOOVAPARAMBIL HOUSE, NEELESWARAM P.O., MALAYATTOOR,
ERNAKULAM DISTRICT AND IS PRESENTLY RESIDING AT PR1
8PS, 43, SALISBURY ROAD, PRESTON, LANCASTER, UNITED
KINGDOM, PIN - 683574
BY ADVS.
SRI.ARUN CHAND
SHRI.VINAYAK G MENON
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY
DEPARTMENT OF HOME, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE POLICE CHIEF
KERALA, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA, PIN -
695010
3 THE DISTRICT POLICE CHIEF (ERNAKULAM RURAL)
OFFICE OF THE DISTRICT POLICE CHIEF, ALUVA, ERNAKULAM,
PIN - 683101
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WP(CRL.) NO. 592 OF 2026
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4 THE STATION HOUSE OFFICER
KALADY POLICE STATION, KALADY, ERNAKULAM DISTRICT., PIN
- 683574
5 ARUN BABU
AGED 35 YEARS
S/O BABU M.T., MATHOLY HOUSE, MUNDANGAMATTAM,
NEELESWARAM, KALADY, NEELESWARAM, ERNAKULAM DISTRICT,
PIN - 683574
BY ADV SHRI.JERRY PETER
SRI.K.A.ANAS, G.P.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
07.04.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(CRL.) NO. 592 OF 2026
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JUDGMENT
Dr. A.K. Jayasankaran Nambiar, J.
The petitioner in this writ petition has invoked the habeas corpus
jurisdiction of this Court for getting custody of her minor son, Aarush Arun,
presently aged seven years, from the alleged illegal custody of the 5 th
respondent, her husband.
2. It is the case of the petitioner that her marriage with the 5 th
respondent was dissolved through a judgment dated 13.06.2024, and
thereafter, the 5th respondent had forcefully taken the custody of the child from
her parents, with whom she had entrusted his custody when she went to U.K to
pursue her studies, and thereafter her vocation as a healthcare professional.
3. In the writ petition, it is her further case that, by judgment dated
28.03.2026, the Family Court, Aluva, had allowed the petition under Sections
7, 9 and 25 of the Guardian and Wards Act, r/w Section 7 (1)(c) of the Family
Court Acts, and declared her as a legal guardian of her minor child, Aarush
Arun, born on 26.11.2018, and granted her permanent custody of the minor
child. It is her case that the continued custody of the child with the 5 th
respondent is illegal and that custody ought to be restored to her. It is also her
case that the 5th respondent is a habitual offender who has been charged with
various offences, and she apprehends danger to the child if he continues to
remain in the custody of the 5 th respondent. Pursuant to the order dated
01.04.2026 passed by a Bench of this Court, the petitioner, the 5 th respondent
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WP(CRL.) NO. 592 OF 2026
and the child are present before us today. On an interaction, separately, with
the petitioner and the 5th respondent, we feel that under the present
circumstances, and in the light of the judgment of the Family Court referred to
above, as also the criminal antecedents of the 5th respondent, which are borne
out by the statement submitted by the Station House Officer, Kalady, wherein it
is stated that the 5th respondent has criminal antecedents and is involved in a
series of cases registered in different police stations, it would be in the interest
of the child that his custody be entrusted to the petitioner, the mother.
4. While the learned counsel for the petitioner submits that steps
have also been taken to execute the judgment / decree of the Family Court, it is
the submission of the learned counsel for the 5 th respondent that he proposes to
file an application to set aside the ex parte judgment / decree of the Family
Court, as also to oppose the execution proceedings instituted on behalf of the
petitioner. Since those proceedings are envisaged before the Family Court, we
do not propose to make any observations in that regard.
5. For now, we merely close this writ petition by directing that the
immediate custody of the minor child shall be with the petitioner, and the
petitioner is permitted to take custody of the child from this Court, today. We
record the undertaking on behalf of the petitioner that she will not leave the
country until arrangements have been made with regard to the custody of the
child after obtaining leave from the Family Court, Aluva.
We make it clear that the petitioner's right to take the child to U.K
on her return thereto will be subject to the orders passed by the Family Court,
Aluva. Further, and taking note of the criminal antecedents cited against the 5 th
respondent, we also direct the SHO concerned to ensure that no harm befalls
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WP(CRL.) NO. 592 OF 2026
the petitioner or the child during the period when the custody of the child is
with the petitioner.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
JOBIN SEBASTIAN
JUDGE
SJ
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WP(CRL.) NO. 592 OF 2026
APPENDIX OF WP(CRL.) NO. 592 OF 2026
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED
28/03/2026 IN O.P. NO.582/2024 PASSED BY THE
FAMILY COURT, ALUVA
Exhibit P2 THE TRUE COPY OF THE UNDATED COMPLAINT
SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT
Exhibit P3 THE TRUE COPY OF THE RECEIPT OF
ACKNOWLEDGMENT BEARING NO.15286024-2026-5-
00232 DATED 30/03/2026 ISSUED FROM THE OFFICE
OF THE 4TH RESPONDENT TO THE PETITIONER
Exhibit P4 THE TRUE COPY OF THE RECEIPT OF
ACKNOWLEDGMENT BEARING NO.152860401-2026-5-
00717 DATED 30/03/2026 ISSUED FROM THE OFFICE
OF THE 3RD RESPONDENT TO THE PETITIONER
