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Judgments of Supreme Court of India and High Courts

Kukku vs The Superintendent Of Police on 25 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE K.HARILAL

THE HONOURABLE MR.JUSTICE C.S.DIAS

TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941

WP(Crl.).No.62 OF 2020

PETITIONER/S:

KUKKU, AGED 26 YEARS, D/O.RAJAN,
RAJITH BHAVANAM, KANDALLOOR THEKKU MURI,
KANDALLOOR VILLAGE, KARTHIKAPALLY TALUK,
ALAPPUZHA DISTRICT, PIN-690 502.

BY ADV. SRI.M.G.SREEJITH

RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE,
OFFICE OF THE SUPERINTENDENT OF POLICE, ALAPPUZHA,
ALAPPUZHA DISTRICT, PIN-688 001.

2 THE CIRCLE INSPECTOR OF POLICE,
MAVELIKARA POLICE STATION, KAYAMKULAM,
ALAPPUZHA DISTRICT, PIN-690 502.

3 THE SUB INSPECTOR OF POLICE,
NOORANADU POLICE STATION, NOORANADU, MAVELIKARA,
ALAPPUZHA DISTRICT, PIN-690 532.

4 BINU, AGED 36 YEARS, S/O.GOPALAN,
CHARUVILAPUTHENVEEDU, PALAMEL VILLAGE,
PAYANNALLOOR P.O., NOORANAD,
ALAPPUZHA DISTRICT, PIN-690505.

5 RAVI, AGED ABOUT 45 YEARS
FATHER NAME NOT KNOWN TO THIS PETITIONER,
SREENILAYAM, PALAMEL VILLAGE, PAYANNALLOOR P.O.,
NOORANAD, ALAPPUZHA DISTRICT, PIN-690 505.

R4-5 BY ADV. SRI.K.S.PRAVEEN
R1-R3 BY GP K.B.RAMANAND

THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
25.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No.62 OF 2020

2

JUDGMENT

Harilal, J

The detenue is a minor child aged 7 years and this

writ petition has been filed on the allegation that

the child is in the illegal custody of the 5 th

respondent, under the instruction of the 4 th

respondent. Though we have not directed them

to produce the child before this Court; the 4 th

respondent, the father of the child, produced the

child before this Court. So we find that the child

is in the custody of his father.

2. In view of the allegations in this writ petition and

the submissions at the bar, we find that the

dispute, between the petitioner and the 4 th

respondent, is a marital dispute in respect of the
WP(Crl.).No.62 OF 2020

3

custody of the child. The custody of the child

with the father cannot be said to be an illegal

custody. However, the petitioner is at liberty to

seek custody of the child in accordance with

appropriate law, before the Family Court

concerned. If any interlocutory application is filed

along with the original petition, under the

Guardian and Wards Act, seeking interim custody

of the child, the Family Court shall dispose of the

same within two weeks from the date of filing of

such a petition. In the result, this writ petition

would stand disposed of.

Sd/-

K.HARILAL, JUDGE

sd/-

C.S.DIAS, JUDGE
AMV/26/02/2020
WP(Crl.).No.62 OF 2020

4

APPENDIX

PETITIONER’S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED BY THE
1ST RESPONDENT ON 15.02.2020.

EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED BY THE
3RD RESPONDENT ON 17.02.2020.

RESPONDENTS EXHIBITS : NIL

TRUE COPY P.A.TO JUDGE

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