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Chaithanya Bose vs Director General Of Police on 25 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

THE HONOURABLE MR.JUSTICE K.HARILAL

THE HONOURABLE MR.JUSTICE C.S.DIAS

MONDAY, THE 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941

WP(Crl.).No.399 OF 2019

PETITIONER:
CHAITHANYA BOSE,AGED 30 YEARS,
PRANAVAM(C/O.VETTOLLIL)VETTICKAL.P.O,
MULANTHURUTHY,ERNAKULAM,PIN-682 314.

BY ADVS.
SRI.C.U.SANGEETH
SMT.AMRITA JAYARAM
SRI.ALEX ANTONY SEBASTIAN P.A.

RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE,
POLICE HEADQUARTERS,
THIRUVANANTHAPURAM-695 010.

2 THE COMMISSIONER OF POLICE,
OFFICE OF CITY POLICE COMMISSIONER,
ERNAKULAM PIN-682 035.

3 THE STATION HOUSE OFFICER OF POLICE,
MULAMTHURUTHY POLICE STATION, PIN-682 314.

4 VINEETH KUMAR V.,AGED 34 YEARS,
VINEETH BHAVANAM(VATTAYATHUNIRAPPIL),
NEDUMAN P.O.,EZHAMKULAM,ADOOR,
PATHANAMTHITTA,PIN-691 556.

5 L.SARALABHAI,AGED 56 YEARS,
VINEETH BHAVANAM,(VATTAYATHUNIRAPPIL),
NEDUMAN P.O.,EZHUMKULAM,ADOOR,
PATHANAMTHITTA,PIN-691 556.

R1-R3 BY GOVERNMENT PLEADER SRI.K.B.RAMANAND
R4-R5 BY ADV. SRI.MANU RAMACHANDRAN
R4-R5 BY ADV. SRI.M.KIRANLAL
R4-R5 BY ADV. SRI.T.S.SARATH
R4-R5 BY ADV. SRI.R.RAJESH (VARKALA)
R4-R5 BY ADV. SHRI.AJAY JAYACHANDRAN

THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
25.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.) No.399/2019

2

JUDGMENT

K. Harilal, J.

The petitioner herein is the mother of the

alleged detenue, the child, born to the petitioner

and the 4th respondent. According to the

petitioner, the detenue being a small child has

been kept away from her and the right to care

and protection of the mother of the detenue thus

have been curtailed by the 4 th and 5th

respondents. According to the petitioner, the act

of the 4th respondent would amount to illegal

detention of the child and therefore she sought

for a direction to produce the detenue before this

Court and hand over the custody to her so as to

take proper care of the child.

2. The 5th respondent entered appearance

through counsel and submits that the 4th

respondent has already filed O.P.(GW) No.
WP(Crl.) No.399/2019

3

1102/2019 before the Family Court,

Pathanamthitta seeking permanent custody of the

child, under the provisions of Guardians and

SectionWards Act and the child is not under the unlawful

detention of the 4th and 5th respondents, as

alleged in the writ petition.

3. In view of the submissions at the bar, we

find that the matter in dispute involved in this

writ petition is a dispute in respect of the custody

of the child, which arose out of the marital

dispute between the petitioner and the 4 th

respondent and it cannot be an illegal detention,

as alleged in the writ petition. Considering the

fact that the 4th respondent has already

approached the family court by filing OP(GW)

No. 1102/2019, the issue in respect of the

custody of the child is relegated to the family

court concerned. The petitioner is directed to
WP(Crl.) No.399/2019

4

seek appropriate remedy in accordance with law

in OP(GW) No.1102/2019. There is no

circumstance warranting issuance of a writ of

habeas corpus. Hence, this writ petition would

stand closed. If the petitioner prefers application

to advance the hearing of OP(GW)

No.1102/2019, seeking interim custody of the

child, the family court shall advance the case and

consider the interim custody of the child, at the

earliest, without any delay.

Sd/-

K. HARILAL
JUDGE

Sd/-

C.S. DIAS
JUDGE
ncd/26/11/19
WP(Crl.) No.399/2019

5

APPENDIX
PETITIONER’S/S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE MARRIAGE
CERTIFICATE DATED 06/10/19.

EXHIBIT P2 PHOTOCOPY OF BIRTH CERTIFICATE
DATED 30/01/2016

EXHIBIT P3 PHOTOCOPY OF COMPLAINT TO 3RD
RESPONDENT DATED 21/10/2019

EXHIBIT P4 PHOTOCOPY OF THE COMPLAINT 3RD
RESPONDENT DATED 08/11/2019.

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