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:
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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
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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
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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