IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
WEDNESDAY, THE 4TH DAY OF APRIL 2018 / 14TH CHAITHRA, 1940
WP(Crl.).No. 117 of 2018
PETITIONER(S)
SUBEESH K.M
S/O.SIVARAMAN, AGED 35 YEARS, KOONAMAKKOOL HOUSE,
PANANGAD POST, BALUSSERY VIA, KOZHIKODE DISTRICT,
PIN 673 612
BY ADVS.SRI.K.P.SUDHEER
SRI.ARUN MATHEW VADAKKAN
RESPONDENT(S):
1. DISTRICT POLICE CHIEF
KOZHIKODE 673 001
2. CIRCLE INSPECTOR OF POLICE
BALUSSERY POLICE STATION,
BALUSSERY 673 612
KOZHIKODE DISTRICT.
3. CHITHRA G
MARKET STREET,
OLD BUS STAND,
BHAVANI, ERODE, TAMILNADU,
(PRESENTLY RESIDING AT KRISHNAN NAIR QUARTERS,
OPPOSITE TO FIRE STATION, KALPETTA P.O,
WAYANAD DISTRICT, PIN-673 121
R3 BY ADV. SRI.RONALD PAUL
R1 R2 BY SENIOR GOVERNMENT PLEADER SRI. K.B. RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04-04-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SHG/
WP(Crl.).No. 117 of 2018 (S)
APPENDIX
PETITIONER(S)’ EXHIBITS
EXHIBIT P1 TRUE COPY OF PETITION DATED 21-03-2018 SUBMITTED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P2 TRUE COPY OF ACKNOWLEDGEMENT RECEIPT DATED
21-03-2018 ISSUED FROM THE OFFICE OF THE 2ND
RESPONDENT.
EXHIBIT P3 TRUE COPY OF PETITION DATED 21-03-2018 SUBMITTED
BY THE SCHOOL AUTHORITIES (SARASWATHI
VIDYAMANDIR ENGLISH MEDIUM HIGH SCHOOL)
BEFORE THE 2ND RESPONDENT
EXHIBIT P4 TRUE COPY OF TIME TABLE FOR THE EXAM ISSUED TO
THE PETITIONER’S SON
EXHIBIT P5 TRUE COPY OF O.P NO. 28/2018 SUBMITTED BY THE 3RD
RESPONDENT BEFORE THE FAMILY COURT, KALPETTA,
WAYANAD.
EXHIBIT P6 TRUE COPY OF SUMMONS DATED 9-3-2018 ISSUED BY
THE FAMILY COURT, KALPATTA, WAYANAD.
V. CHITAMBARESH K.P. JYOTHINDRANATH, JJ.
———————–
W.P.(Crl) No.117 of 2018
———————–
Dated this the 4th day of April, 2018
JUDGMENT
Chitambaresh, J.
The detenu – Amal Krishna – was produced by his
mother-the 3rd respondent. We interacted with her husband-the
petitioner as well as the 3rd respondent. The wife alleges that
the husband is now living with a mistress by name Shalini.
2. Amal Krishna has completed his 6th standard in
Nanminda Saraswathi Vidyamandir. It is hoped that the school
authorities will issue transfer certificate to him. The mother is
entitled to join Amal Krishna in a school near her house.
Custody of a child by the mother cannot be said to be an illegal
detention.
3. We however clarify that the parties are at liberty to
move the Family Court under the Guardian and Wards Act, 1890.
It is for the Family Court to decide the custody taking into
consideration the welfare of the child.
The writ petition is dismissed.
Sd/-
V. CHITAMBARESH
JUDGE
Sd/-
K.P. JYOTHINDRANATH
JUDGE
shg/
