IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(Crl.).No. 197 of 2008(S) --------------------------- PETITIONER: ------------ SHEILA JOISE BENNY, D/O.RATHNAM JASSAYANI, AGED 25, JOISE NIVAS, ARAMADA, THIRUMALA, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE (RURAL) NEYYATTINKARA, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM. 4. SAM RAJ, S/O.BAL RAJ, VALLANVILA VEETTIL CHULLIYOOR, MARAYAMUTTOM, NEELLIMOODU P.O. NEYYATTINKARA TALUK, TRIVANDRUM. 5. R.BAL RAJ, RAJ BHAVAN, NELLIMOODU P.O VENPAKAL DESOM, ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK, TRIVANDRUM. BY GOVERNMENT PLEADER, SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 197 of 2008(S) A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER'S CHILD, ISSUED BY THIRUVANANTHAPURAM CORPORATION. EXT.P2 TRUE COPY OF THE C.M.P.NO.2379/2008 DATED 09/05/2008 BEFORE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM. EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 05/06/2008 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT. \\TRUE COPY// P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(Crl).No.197 of 2008-S ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 19th day of June, 2008 J U D G M E N T P.R.RAMAN, J. Petitioner is the mother of a six month old child who alleges that the child is under illegal custody of her husband. Now, the petitioner is residing in her matrimonial house with her father and mother. Her mother is a qualified nurse who was working in the Christian Medical College, Velloor and has now retired. Earlier, they were in gulf countries. 2. Pursuant to the direction issued, the child was produced by the father/petitioner's husband. He has got a case that the petitioner got some psychic problem at the time of delivery and he produced the photocopy of the M.R.I scan reports. From the reports produced, prima facie, we are not able to find out any abnormality with the petitioner. However, in a proceedings of this nature we do not wish to enter a final finding as the matter required to be decided after taking evidence. 3. Considering the age of the child and considering the fact that the petitioner is the only child of her parents and the petitioner's mother being a qualified medical nurse, we think it is appropriate that W.P.(Crl).NO.188/2008 -:2:- for the time being the child be left with the mother, i.e. the petitioner herein. 4. We are told that the fourth respondent/husband has moved a petition before the Family Court for restitution of conjugal rights and the matter is posted to 01/09/2008 before the Family Court, Thiruvananthapuram, (O.P.No.617/2008). 5. In the circumstances, we direct the parties to appear before the Family Court on 01/09/2008 along with the child. It is open to the parties to approach the Family Court for interim custody of the child, whereupon, the Family Court will decide the matter uninfluenced by the arrangements we have made. 6. The fourth respondent is permitted to visit the petitioner's house. He will have the right to see the child at the petitioner's present residence at Joise Nivas, Aramada, Thirumala, Thiruvananthapuram on 29th of June, 2008 and thereafter on the alternate Sundays, any time after 10 a.m and before 2 p.m., and the petitioner and her parents will not cause any objection to that. The writ petition is disposed of as above. P.R.RAMAN, Judge T.R.RAMACHANDRAN NAIR, Judge ms