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 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(Crl.).No. 112 of 2011(S) ---------------------------------------------- PETITIONER(S): --------------------- SUHARA, W/O. ABDURAHIMAN, AGED 40 YEARS, VANITANDAVIDA HOUSE, THRUPPANDOTTOOR AMSOM DESOM, THALASSERI TALUK. BY ADV. SRI.PULIKKOOL ABUBACKER SRI.ZUBAIR PULIKKOOL RESPONDENT(S): ----------------------- 1. SUPERINTENDENT OF POLICE, MALAPPURAM-676505. 2. C.I. OF POLICE, EDAVANNA POLICE STATION MALAPPURAM-676506. 3. SI OF POLICE, EDAVANNA POLICE STATION, MALAPPURAM-676506. 4. ABDUL RAHIMAN, S/O.ABDULLA, IQRAH ISMAIL SCHOOL, EDAVANNA AMSOM DESOM, EDAVANNA P.O., ERANAD TALUK-676506. R1 TO R3 BY GOVERNMENT PLEADER SMT. M. K. PUZHPALATHA. ADV. SRI.SHIRAZ ABDULLA FOR R4 SRI.JOJO PAPPACHAN FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO.112 OF 2011 S PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF WRIT PETITION (CRIMINAL) FILED BY THE PETITIONER U:DOMESTIC VIOLENCE ACT, BEFORE JFCM THALASSRY. EXT.P2 TRUE COPY OF THE ARTICLE IN KERALA SABDAM. EXT.P3 TRUE COPY OF THE LETTER SENT BY THE SON IN LAW OF THE PETITIONER. RESPONDENTS' EXHIBITS: EXT.R4(1) TRUE COPY OF O.P. FILED BEFORE THE FAMILY COURT, MALAPPURAM. //TRUE COPY// PS TO JUDGE K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(CRL).NO. 112 OF 2011 S ------------------------------------------ Dated this the 27th May, 2011 JUDGMENT K.M. Joseph, J. This is a Writ Petition filed by the mother of the alleged detenu. The alleged detenu, Master Mishab is a seven year old child of the petitioner and the fourth respondent. Parties are Muslims. There are four children born in the marriage. Allegation of illegal detention is made against the fourth respondent. Ext.P1 purports to be a petition filed before the Chief Judicial Magistrate, Thalassery under the Protection of Women from Domestic Violence Act. 2. We had by interim Order, permitted the petitioner to keep custody of the minor child till 04.05.2011. An extension petition was filed and thereafter the child was produced. In the meantime, the Chief Judicial Magistrate, Thalassery was persuaded to pass W.P.(CRL).NO.112 OF 2011 S 2 orders by which he has granted temporary custody of the minor child to the writ petitioner. Of course, the learned counsel for the fourth respondent questioned the propriety of the Chief Judicial Magistrate passing the order by which temporary custody was given, while the matter is pending before this Court. Learned counsel for the writ petitioner would point out that Ext.P1 was filed even prior to the filing of the Writ Petition and the matter was pending consideration. 3. We would have expected the Chief Judicial Magistrate to defer the consideration of the application till a decision is taken by the High Court. None the less, we notice that the Act confers power for passing orders relating to temporary custody in proceedings under the Act. 4. In the circumstances of the case, in view of the order passed by the Chief Judicial Magistrate adverted to by us, we close this Writ Petition and also direct that the custody of the minor child will be handed over by the fourth respondent to the writ petitioner W.P.(CRL).NO.112 OF 2011 S 3 by 6 PM on 30.5.2011 at the residence of the petitioner. We record the submission of the learned counsel appearing on behalf of the writ petitioner that the writ petitioner has no objection in the fourth respondent visiting the children including the alleged detenu Mishab. We also make it clear that this will be without prejudice to the rights of the fourth respondent in respect of the order of the Chief Judicial magistrate and when the matter is considered by the Chief Judicial Magistrate, he will proceed to consider the matter untrammeled by anything stated in this Judgment. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True Copy// PS to Judge W.P.(CRL).NO.112 OF 2011 S 4