IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 8TH APRIL 2011 / 18TH CHAITHRA 1933 WP(Crl.).No. 187 of 2011(S) ---------- --------------------------- PETITIONER(S): -------------------- RAMKUMAR, AGED 37, S/O.RAMAKRISHNAN, PAZHUKARAKARAN HOUSE, NEAR KUTTOOR SCHOOL, P.O.KUTTOOR, THRISSUR. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.RAVI.K(PARIYARATH) RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT., HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, MALAPPURAM DISTRICT-676505 3. SASIDHARAN NAIR, VELATH HOUSE, EZHAVATHIRUTHY.P.O., ESWARAMANGALAM, PONNANI, MALAPPURAM DISTRICT. 676 505. R1 & R2 BY SR.GOVRNMENT PLEADER SHRI.C.M.KAMMAPPU. R3 BY ADV. SRI.SIRAJ KAROLY THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(CRL.) NO.187 OF 2011(S) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE COMPROMISE ENTERED INTO BY THE PETITIONER AND THE 3RD RESPONDENT DATED 15/5/09 IN I.A NO.632 OF 2009 IN O.P NO.353 OF 2007 ON THE FILE OF THE FAMILY COURT, MALAPPURAM. EXT.P2:- COPY OF THE I.A NO.2107 OF 2009 FILED IN I.A NO.1741 OF 2009 IN O.P NO.353 OF 2007 DATED 8/12/09 ON THE FILE OF THE FAMILY COURT, MALAPPURAM. EXT.P3:- COPY OF THE I.A NO.155 OF 2010 IN O.P NO.353 OF 2007 DATED 18/1/2010 ON THE FILE OF THE FAMILY COURT, MALAPPURAM. EXT.P4:- COPY OF THE OBJECTIONS FILED BY THE PETITIONER IN EXT.P3 DATED 11/3/2010. EXT.P5:- COPY OF THE REPORT OF THE CLINICAL PSYCHOLOGIST DATED 3/12/09. EXT.P6 COPY OF THE ORDER PASSED BY THE FAMILY COURT, THRISSUR IN I.A NO.2701/2009 AND 155 OF 2010 IN O.P NO.353 OF 2007 DATED 23/12/2010 ON THE FILE OF THE FAMILY COURT, MALAPPURAM. EXT.P7:- COPY OF THE RECEIPT GIVEN TO THE PETITIONER BY THE SECOND RESPONDENT DATED 31/3/2011. RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// P.S. TO JUDGE K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(CRL).NO. 187 OF 2011 S ------------------------------------------ Dated this the 8th April, 2011 JUDGMENT K.M. Joseph, J. Petitioner is the father of the alleged detenu, who is his minor daughter. Allegation of illegal detention is made against the third respondent. 2. Very briefly put, the case of the petitioner is as follows: The wife of the petitioner committed suicide. Ext.P1 is the compromise entered into by the petitioner and the third respondent who is the maternal grandfather of the alleged detenu, as per which permanent custody of the minor child was given to the petitioner with certain rights given to the third respondent. There is reference to application to modify the terms of the compromise being dismissed and the matter is pending in an Original Petition before this Court. It is stated that on 30.3.2011, the minor child was W.P.(CRL).NO.187 OF 2011 S 2 forcibly taken away from the school by the third respondent. 3. Today, the alleged detenu was produced. The third respondent and his wife were present. It is submitted by the learned counsel for the petitioner that the parents of the petitioner were also present. We also interacted with the minor child. Learned counsel for the third respondent would point out that in terms of Ext.P1, the third respondent is entitled to custody of the minor child for ten days in April and May, 2011. He would further submit that the third respondent is moving for modification of the terms of Ext.P1. He further submits that the third respondent will produce the minor child before the Family Court, Malappuram on 12.4.2011. Learned counsel for the third respondent submits that a petition for modification of Ext.P1 will be filed on 11.4.2011 itself. In such circumstances, we direct that the Family Court, Malappuram or the Court exercising jurisdiction of the Family Court, Malappuram will call the petition for modification to be filed by the third respondent, on 12.4.2011 so that the matter may W.P.(CRL).NO.187 OF 2011 S 3 receive its consideration. We record the submission of the learned counsel for the petitioner that the learned counsel for the petitioner will be present on 12.4.2011 before the Family Court, Malappuram. It is for the Family Court to consider and take a decision as to whether pending consideration of the petition for modification, the custody of the minor child is to be regulated by Ext.P1 or whether the custody of the minor child is to be given till the disposal of such petition to the third respondent. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True Copy// PS to Judge W.P.(CRL).NO.187 OF 2011 S 4