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M.Altaf Hussain vs Amina Salahudeen Kutty Majeeda … on 18 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE K.HARILAL

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

WEDNESDAY, THE 18TH DAY OF SEPTEMBER 2019 / 27TH BHADRA, 1941

WP(Crl.).No.303 OF 2019

PETITIONER/:
M.ALTAF HUSSAIN, AGED 32 YEARS
SON OF A.MOHAMMED HUSSAIN, RESIDNG AT THENGUVILA
PUTHEN VEEDU, NADUKUNNU, PATHANAPURAM,
KOLLAM DISTRICT-689 695.

BY ADVS.
SRI.TPM.IBRAHIM KHAN (SR.)
SMT.P.J.RAZIA BEEVI

RESPONDENT/S:

1 AMINA SALAHUDEEN KUTTY MAJEEDA BEEGOM
AGED 25 YEARS,
DAUGHTER OF A.SALAHUDEEN KUTTY,
RESIDING AT DARUSSALAM, ALAYAMON,
KARUKONE, KOLLAM DISTRICT-691 306.

2 ASLAM SALAHUDEEN,SON OF A.SALAHUDEEN KUTTY,
RESIDING AT DARUSSALAM,ALAYAMON,KARUKONE,
KOLLAM DISTRICT-691 306.

3 MAJITHA BEEGAM,WIFE OF A.SALAHUDEEN KUTTY,
RESIDING AT DARUSSALAM, ALAYAMON,
KARUKONE,KOLLAM DISTRICT-691306.

4 THE CIRCLE INSPECTOR OF POLICE,
ANCHAL POLICE STATION, ANCHAL,
KOLLAM DISTRICT-691306.

R1-3 BY ADV. SMT.SREEDEVI KYLASANATH
R1-3 BY ADV. SRI.ACHUTH KYLAS
R1-3 BY ADV. SRI.R.MAHESH MENON
R1-3 BY ADV. SRI.KDEAGO JOHN K
R1-3 BY ADV. SHRI.AMAL DEV C.V.
R4 BY GOVERNMENT PLEADER K.B.RAMANAND

THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
18.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No.303 OF 2019

2

JUDGMENT

Harilal, J

The petitioner herein is the former husband of

the first respondent as well as the father of the

alleged detenue aged 2 ½ years. According to

the averments in the writ petition, the marital

relationship has become strained and,

thereafter, they have entered into Ext.P3

agreement. As per clause 7 of Ext.P3 agreement

the petitioner has the visitation right to see and

interact with the minor child. But in violation of

the terms of Ext.p3 agreement, the first

respondent has went abroad along with the child

without the consent of the petitioner and

thereby he is deprived of his visitation right in

Ext.P3. Aggrieved by the violation of the terms
WP(Crl.).No.303 OF 2019

3

of Ext.P3 agreement, the petitioner has

approached the family court by filing

O.P.No.617/2018 seeking custody of the minor

child. Subsequently, the family court has issued a

direction to the first respondent to produce the

child before the family court; but she refused to

obey the said direction. Consequently, the family

court has issued Ext.P4 warrant directing to

arrest the first respondent and to produce

before the family court; but the same has not

been executed so far and the warrant is still

pending. In the meantime, the first respondent

has returned from the UAE and now she is living

along with respondents 2 and 3.

2. Heard the learned counsel for the petitioner and

the learned counsel for the first respondent.
WP(Crl.).No.303 OF 2019

4

3. The first respondent is represented by a counsel

and the counsel submits that the first

respondent is a pregnant women and today she

could not appear before this Court due to her

physical inability. We find that the dispute in

respect of the custody of the child is a dispute

falling under marital dispute envisaged under the

provisions of Guardian and SectionWards Act, 1890.

Therefore, the family court is the competent

court having jurisdiction to determine the proper

custody, considering the welfare of the child.

The counsel for the first respondent submits that

the first respondent is ready and willing to

appear along with the child before the Family

Court, Kottarakara.

4. Considering the said submission, the first
WP(Crl.).No.303 OF 2019

5

respondent is directed to appear before the

Family Court, Kottarakara on 20.09.2019 at 10.30

a.m. along with the minor child. The 4 th

respondent shall ensure the presence of the first

respondent with the child before the Family

court, Kottarakara as directed above. The family

court is hereby directed to pass appropriate

orders in respect of the interim custody of the

child, in view of the welfare of the child.

This writ petition would stand disposed of

accordingly.

Sd/-

K.HARILAL, JUDGE
sd/-

ANNIE JOHN, JUDGE
AMV/18/09/2019
WP(Crl.).No.303 OF 2019

6

APPENDIX

PETITIONER’S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF
MARRIAGE NO.2812/2016 DATED
24.01.2016 ISSUED UNDER RULE 11(1)OF
THE KERALA REGULATION OF
MARRIAGES(COMMON)RULES,2008 FROM THE
OFFICE OF THE LOCAL REGISTRAR OF
UMMANNOOR GRAMA
PANCHAYATHY(DEPARTMENT OF
PANCHAYAT),GOVERNMENT OF KERALA.

EXHIBIT P2 A TRUE COPY OF THE BIRTH CERTIFICATE
NO.15908/2017 DATED 01.07.2017 ISSUED
BY THE REGISTRAR OF BIRTHS AND
DEATHS,THIRUVANANTHAPURAM
CORPOPORATION.

EXHIBIT P3 A TRUE COPY OF THE AGREEMENT OF
DIVORCE DATED 01.12.2017 EXECUTED
BETWEEN THE PETITIONER AND FIRST
RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE WARRANT TO ARREST
DATED 08.03.2019 ISSUED BY THE FAMILY
COURT,KOTTARAKKARA IN O.P.NOL.617 OF
2018 WITH THE ENDORESMENT OF THE
PROCEES SERVER AFTER THE SERVING OF
THE ARREST WARRANT.

EXHIBIT P5 A TRUE COPY OF THE PASSPORT DETAILS
COLLECTED BY THE PETITIONER UNDER THE
RIGHT TO INFORMATION ACT RELATING TO
THE PASSPORT OF THE PETITIONER’S SON
ADAM BEARING NO.R9051640 ISSUED FROM
THE REGIONAL PASSPORT
OFFICE,THIRUVANANTHAPURAM ON
13.03.2018.

RESPONDENTS EXHIBITS : NIL

TRUE COPY P.A.TO JUDGE

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