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Shibu Kunjumon vs The Secretary on 4 December, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE K.HARILAL

THE HONOURABLE MR.JUSTICE C.S.DIAS

WEDNESDAY, THE 04TH DAY OF DECEMBER 2019 / 13TH AGRAHAYANA, 1941

WP(Crl.).No.293 OF 2019

PETITIONER/S:
SHIBU KUNJUMON
AGED 36 YEARS
S/O.C.J.KUNJUMON, CHAWKAYIL PUTHENVEEDU, MAVELIKARA
BY ADV. SRI.B.KRISHNA MANI

RESPONDENT/S:
1 THE SECRETARY
MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA,
CABINET SECRETARIAT, RAISINA HILL, NEW DELHI-110001

2 THE AMBASSADOR
EMBASSY OF INDIA, VILLA NO.86 AND 90, STREET NO.941.
AL EITHRA STREET, ZONE 63, P.O. BOX NO.2788 DOHA-
QATAR.
[NAME OF 2ND RESPONDENT IS DELETED FROM PARTY ARRAY
AS PER ORDER DATED 3-09-2019 IN IA 01/2019.
3 SHERINE THOMAS, AGED 32 YEARS,
W/O.SHIBU KUNJUMON, THAMARAVELI THARAYIL,
PALLIPPADU .P.O, NADUVATTOM MURI, HARIPAD, ALAPPUZHA-
690514 NOW WORKING AND RESIDING AT RAWDAT AL KHAIL
HEALTH CENTRE, PRIMARY HEALTH CENTRE, CORPORATION,
MUNTHASA, DOHA QATAR, PB NO.26555

DETENUE
SHEBIN SHIBU, S/O.SHIBU KUNJUMON(MINOR), AGED 5
YEARS, REPRESENTED BY MOTHER SHERIN THOMAS, W/O.SHIBU
KUNJUMON, AGED 32 YEARS, THMARAVELI THARAYIL,
PALLIPPADU.P.O., NADUVATTOM MURI, HARIPAD, ALAPPUZHA-
690514 NOW WORKING AND RESIDING AT RAWDAT AL KHAIL
HEALTH CENTRE, PRIMARY HEALTH CENTRE, CORPORATION,
MUNTHASA, DOHA QATAR, PB NO.26555.

R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

OTHER PRESENT:
ADV R HARIKRISHNAN–R3 . GP –K B RAMANAND

THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
04.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No.293 OF 2019

2

JUDGMENT

Dated this the 4th day of December 2019

Harilal, J.

The petitioner herein is the husband of the second

respondent herein as well as the father of the alleged detenu.

This writ petition has been filed on the allegation that the

alleged detenu, his son, is under the unlawful detention of the

second respondent. According to the petitioner, he had

preferred O.P.(GW) No.1479/2018 before the Family Court,

Mavelikkara under the provisions of the Guardians and SectionWards

Act, seeking custody of the child by Ext.P1 and in that

proceedings the Family Court has already passed Ext.P4 order

directing the second respondent to produce the detenu before

the Family Court, Mavelikkara on 2.4.2019. But the second

respondent has not complied with the directions in the said

order so far. The petitioner prays for issuing a direction to the

second respondent to produce the detenu before this Court and

to handover the custody of the detenu to him.

2. The petitioner and the second respondent with the

child are present before this Court and we have interacted with
WP(Crl.).No.293 OF 2019

3

both the petitioner and the second respondent. The second

respondent submits that she had filed O.P.(Div)No. 49/2019

before the Family Court, Mavelikkara seeking dissolution of

marriage and the same is also pending for consideration before

that court. She has come to India from Qatar on 22.11.2019, to

appear in both the cases and she appeared and mediation is

going on in both the cases, before the counsellor.

3. In view of the aforesaid submissions, we find that now

the parties are before the appropriate court, under appropriate

law and proceedings. There is no reason to interfere with those

proceedings, invoking the jurisdiction, under SectionArticle 226 of the

Constitution of India. The Family Court, Mavelikkara is hereby

directed to consider the cases and determine the custody of the

child also, at the earliest.

Hence, this writ petition will stand disposed of accordingly.

Sd/-

K.HARILAL

JUDGE

Sd/-

C.S.DIAS

SHG JUDGE
WP(Crl.).No.293 OF 2019

4

APPENDIX
PETITIONER’S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORIGINAL PETITION,

OP(GW)1479/2018 DATED NIL BEFORE THE
FAMILY COURT, MAVELIKKARA

EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED DATED
14.2.2018 BEFORE THE OFFICE OF THE SUB
REGISTRAR, MAVELIKARA

EXHIBIT P3 TRUE COPY OF THE APPLICATION, IA
NO.2816/2018 DATED 19/12/2018 IN OP(G AND
W) 1479/2018 BEFORE THE FAMILY COURT,
MAVELIKKARA

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 8.1.2019 IN
IA NO.2816/2018 IN OP(G AND W)1479/2018
BEFORE THE FAMILY COURT, MAVELIKKARA

EXHIBIT P5 TRUE COPY OF THE OP(DIV)NO.49/2019 DATED
16.1.2019 BEFORE THE FAMILY COURT,
MAVELIKKARA

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