IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 14607 of 2011(A) ---------------------------------------- PETITIONER(S): ---------------------- SULFIYA, AGED 32 YEARS, D/O. ABDUL JABBAR, PARILAKATHOOTTU, BYE PASS JUNCTION, ALUVA , ERNAKULAM DISTRICT. BY ADV. SRI.T.M.RAMAN KARTHA RESPONDENT(S): ------------------------- 1. INSPECTOR GENERAL OF POLICE, CENTRAL RANGE, ERNAKULAM - 31. 2. SUPERINTENDENT OF POLICE, ALUVA RURAL, PIN - 683 101. 3. DEPUTY SUPERINTENDENT OF POLICE, ALUVA - 683 101. 4. CIRCLE INSPECTOR OF POLICE, SUB JAIL ROAD, ALUVA - 683 101. 5. SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, 680 664. 6. P.H.ABDULLA, AGED 36 YEARS, S/O. HAMEED, PADINJAREVEETTIL HOUSE, CHALINGAD P.O KAIPPAMANGALAM VILLAGE, KODUNGALLUR TALUK, PIN - 680 664. R1 TO R5 BY GOVT. PLEADER SMT.C.M.CHARISMA R6 BY ADV. SRI.M.SHAJU PURUSHOTHAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.14607/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE CERTIFICATE DTD. 21.2.2011. P2:- COPY OF THE LEGAL NOTICE DTD. 2.3.2010. P3:- COPY OF THE REPLY NOTICE DTD. 15.3.2010. P4:- COPY OF THE TALAQ LETTER DTD. 14.9.2010. P5:- COPY OF THE LETTER DTD. 20.9.2010. P6:- COPY OF THE COMPLAINT CMP. NO.9779/2010 DTD. 14.12.2010. P7:- COPY OF THE COMPLAINT M.C. NO.266/2010 DTD. 27.9.2010. P8:- COPY OF THE COMPLAINT FILED BEFORE THE JFCM, KODUNGALLUR CRL.MC. 41/2011. P9:- COPY OF THE OP. 330/2011 DTD. 18.2.2011 FILED BEFORE THE FAMILY COURT, THRISSUR. P10:- COPY OF THE COMPLIANT DTD. 7.2.2011 BEFORE THE 2ND RESPONDENT. P11:- COPY OF THE COMPLAINT FILED BEFORE THE IST RESPONDENT DTD. 18.5.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.14607 of 2011-A ***************************** Dated this the 7th day of June, 2011 JUDGMENT BASANT, J. The petitioner, a woman, has come to this Court complaining of harassment by the police. It is her case that succumbing to the influence wielded by her husband – the 6th respondent, police are attempting to snatch away her two minor male children, aged 8 and 4 years, from the custody of the petitioner. 2. Notice was ordered to the respondents. The learned Government Pleader appears for respondents 1 to 5. The 6th respondent has entered appearance through a counsel. The learned Government Pleader submits that the police have no intention to take away either of the two children from the custody of the petitioner and hand over such children to the custody of the 6th respondent. The apprehension of the petitioner is without any substance. The police shall not take W.P(C) No.14607 of 2011-A 2 any action against the petitioner and shall not attempt to interfere with the custody of the children by the petitioner unless such action is specifically directed by any competent court. At the moment, no court has issued any such direction and the police shall not in any way interfere with the custody of the children by the petitioner. 3. The 6th respondent submits that the 6th respondent has no intention to snatch away the children from the custody of the petitioner illegally. The 6th respondent has already initiated proceedings before the Family Court, Trichur, and that petition is pending as G.O.P No.1605 of 2011. The case stands posted to 18.06.2011 for appearance of the petitioner with the children/production of the children. The learned counsel for the 6th respondent categorically concedes that the 6th respondent shall not attempt to take away the children from the custody of the petitioner except through the orders of the Family Court. 4. We are satisfied in the light of the submissions of the learned Government Pleader for respondents 1 to 5 and the learned counsel for the 6th respondent that the allegations of harassment by the police and of the possible attempt by the W.P(C) No.14607 of 2011-A 3 police to snatch away the children from the custody of the petitioner are without any basis. 5. This Writ Petition is, in these circumstances, dismissed accepting the submissions of the learned Government Pleader and the learned counsel for respondent No.6. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/