[Cites 1, Cited by 0]
Kerala High Court
Xxxxxxx vs The Child Welfare Committee, ... on 19 February, 2026
2026:KER:15719
WP(C) No.1319/2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
WP(C) NO. 1319 OF 2026
PETITIONER:
XXXXXXX
AGED 38 YEARS
XXXXXXX, D/O. XXXXX XXXX, AGED 38 XXXXXXXXXXXXXXX
HOUSE, XXXXXXXXXX, MALAPPURAM DISTRICT, PIN - 676305
BY ADVS.
SRI.R.RANJITH (MANJERI)
SHRI.ADARSH DHARMAJAN
RESPONDENTS:
1 THE CHILD WELFARE COMMITTEE, MALAPPURAM
REPRESENTED BY THE CHAIRMAN CHILD WELFARE COMMITTEE,
GOVT CHILDRENS HOME, THAVANUR, MALAPPURAM-PIN, PIN -
679573
2 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, GOVERNMENT OF KERALA,
REPRESENTED BY THE GOVERNMENT PLEADER HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SRI. SHAMEER P M -GP , ADV. A. PARVATHI MENON -B/O
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) No.1319/2026
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JUDGMENT
The writ petition is filed with the following prayers:
"I. Issue a writ of mandamus or any other appropriate writ, order or
direction directing the 1st respondent Child Welfare Committee to
release the minor child aged 14 years from its custody and hand
over her custody to the petitioner-mother.
II. Issue a writ of mandamus or any other appropriate writ, order or
direction directing the 1st respondent to consider and pass
appropriate orders on Exhibits P2 and P3 representations submitted
by the petitioner, within a time frame to be fixed by this Honourable
Court;"
2. The petitioner is the mother and natural guardian of a
minor girl child aged 14 years, who is the alleged victim in a criminal
case pending before the Fast Track Special Court-I, Manjeri. The
alleged commission of sexual offences were committed by the father of
the minor girl. The child is presently kept under the custody and
protection of the first respondent - Child Welfare Committee,
Malappuram. Pursuant to the registration of the crime, the minor girl
was placed under the care and protection of the Child Welfare
Committee. The petitioner had herself taken the child to the Child
Welfare Committee and the child was initially accommodated at the
Sneha Bhavan in Randathaani, under the care and protection of the first
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respondent. Thereafter, the child came to reside with the petitioner due
to a skin disease. Subsequently, in order to facilitate her return to
school, the petitioner approached the first respondent to collect the
personal belongings of the child including books and school uniform;
however, the first respondent retained the child against the will and
consent of the petitioner. Thereafter, the petitioner filed a detailed
Ext.P2 representation dated 01.11.2025 seeking to hand over the
custody of the child. The petitioner again filed Ext.P3 representation
dated 16.12.2025 seeking interim custody of the child during X'mas
vacation. Aggrieved by the non consideration of Exts.P2 and P3
representations, the petitioner has approached this Court.
3. I have heard the learned counsel for the petitioner and
the learned Government Pleader appearing for the respondents.
4. The learned counsel for the petitioner submits that the
petitioner is fully capable of ensuring the welfare, safety and well-being
of the child and that the child would be provided a secure and loving
environment. It is also submitted that the petitioner is now living away
from the accused father, at her parental house at Kolappuram and she
has no intention to reside with her husband and further there is no
chance of the accused father coming to her parental house and
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interacting with the minor child.
5. When the matter was taken up for consideration on
22.01.2026, this Court appointed Adv.Parvathi Menon A., Project
Coordinator, VRC, KeLSA, as the lawyer for the victim child. As
instructed by Adv.Parvathi Menon A., a lawyer from Manjeri
Adv.Ambika Sony, Retainer Lawyer at the DLSA visited the child and
after interaction with the child, filed a report along with a statement of
the victim child. The minor girl stated that she wishes to live with her
mother and siblings at the mother's parental house at Kolappuram and
also wishes to study in a school near to the parental house of the
mother. It is also reported that the victim girl was also very strong in
stating that she does not wish to see or speak to her father and that, if
the father, either directly or through any relative, exerts any pressure
on her to withdraw the case, she will immediately report the same to the
Police.
6. Since it is submitted by the petitioner/mother that she
is residing away from her husband, the accused father, at her parental
house at Kolappuram and does not intend to stay with him any more, I
find it appropriate to direct the first respondent to hand over the child
to the petitioner. The petitioner has also undertaken to ensure the
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welfare, safety and well-being of the child and to provide the child with
a secure and loving environment away from the accused father.
7. At this juncture, the learned Government Pleader, on
instructions, submits that there is an apprehension that if the girl child
is handed over to the petitioner/mother, they may not cooperate with
the prosecution proceedings.
8. Considering the statement of the victim girl and the
undertaking given by the petitioner, and bearing in mind that the best
interest of the child is the paramount consideration under the Juvenile
Justice Act, I find it appropriate to direct the first respondent to hand
over the child to the petitioner/mother.
Accordingly, the writ petition is allowed, as follows:
a) The first respondent is directed to hand over custody of the minor
girl child to the petitioner/mother within a period of two days from
the date of receipt of a certified copy of this judgment.
b) The petitioner as well as the minor girl child shall cooperate with
the prosecution proceedings without fail.
c) The District Child Protection Officer, Malappuram District, shall
monitor the welfare of the minor girl child at least once in a week
and ensure that adequate care and protection are being provided
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to her by the petitioner.
d) The petitioner is directed to ensure that no pressure or influence is
exerted on the minor girl to withdraw the case against her father,
the accused in this matter.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
2026:KER:15719
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APPENDIX OF WP(C) NO. 1319 OF 2026
PETITIONER EXHIBITS
SEALED COVER 1 THE TRUE COPY OF FINAL REPORT DATED
15.08.2025
SEALED COVER 2 THE TRUE COPY OF SAID REPRESENTATION DATED
01.11.2025
SEALED COVER 3 TRUE COPY OF THE SAID REPRESENTATION DATED
16.12.2025
