IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(Crl.).No. 414 of 2011(S) --------------------------------------- PETITIONER(S): ------------------------- BIJOY P.S., AGED 34 YEARS, S/O.SHANMUGHAN, PANNIPPULATH,VALAPPAD BEACH P.O., THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): --------------------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR DISTRICT, COLLECTORATE, AYYANTHOLE,THRISSUR-PIN-680 001. 2. THE CIRCLE INSPECTOR OF POLICE, CHERPU POLICE STATION, THRISSUR DISTRICT-PIN-680 502. 3. SUB INSPECTOR OF POLICE, ANTHIKAD POLICE STATION, THRISSUR DISTRICT-680 503. 4. CIRCLE INSPECTOR OF POLICE, VALAPPAD POLICE STATION, THRISSUR DISTRICT-680 503. 5. K.G.VELAYUDHAN, KUNNATH HOUSE, KIZHAKKUMURI, PERINGOTTUKARA, THRISSUR-680 571. 6. PRASANNA, W/O.K.G.VELAYUDHAN, KUNNATH HOUSE, KIZHAKKUMURI, PERINGOTTUKARA, THRISSUR-680 571. R1 TO R4 BY GOVERNMENT PLEADER SRI.P.P.PADMALAYAN R5 & R6 BY ADV. SRI.SHAJI P.CHALY SRI.R.SANJITH SMT.S.K.SREEKALA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(CR)NO.414/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER'S CHILD. P2 COPY OF THE PHOTOGRAPH SHOWING THE PETITIONER WITH HIS DAUGHTER. P3 COPY OF THE CERTIFICATES AND OTHER SCHOOL DETAILS OF THE PETITIONER'S DAUGHTER. P4 COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: R5(1) COPY OF THE PASSPORT OF THE MINOR SAYUJYA.P.B. R5(2) COPY OF THE TELEPHONIC CALL DETAILS R5(3) COPY OF THE REGISTRATION FORM OF TEMPORARY RESIDENCE OF ALLEGED DETENUE AT CHINA. R5(4) COPY OF THE SCHOOL ADMISSION DETAILS ALLEGED DETENUE AT CHINA. R5(5) COPY OF THE SCHOOL FEES RECEIPT OF ALLEGED DETENUE. R5(6) COPY OF THE PHYSICAL EXAMINATION REPORT OF THE MINOR SAYUJYA.P.B. R5(7) COPY OF THE CERTIFICATE ISSUED BY M/S.GUANGZHOU ONEBOND TRANSLATION OF R5(5) AND R5(6). /TRUE COPY/ P.S.TO.JUDGE sts THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(Crl.)No.414 of 2011 ---------------------------------------- Dated this the 17th day of October, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner married the daughter of respondents 5 and 6. Their child was living with the petitioner. Going by the submissions of the petitioner, it appears that, by now, the child is with its mother in China. The learned counsel for the petitioner says that his client has been advised to take recourse to statutory remedies before the Family Court. We record the submission. He says that his client may be permitted to interact with the child at least once a week. The learned counsel for respondents 5 and 6 says that, in fact, even after the child went to China it was interacting with the father. Obviously, therefore, there can be no objection to the child in continuing to interact with its father, at least once a week. We, therefore, direct respondents 5 and 6 to ensure that the child is permitted to interact with its father at least once a week over phone. We leave open all other questions to be agitated in appropriate proceedings in competent jurisdiction. The writ petition is ordered as above. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS