IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(Crl.).No. 387 of 2011(S) --------------------------- PETITIONER(S): --------------- BINCY K.R., D/O.THAMPAN, KALLAYIKODU HOUSE, CHERUNILAM, PHOTHAMKARA, ELAMANNOOR P.O., PATHANAMTHITTA DISTRICT, PIN-691 524. BY ADV. SRI.N.A.SHAJI RESPONDENT(S): --------------- 1. SHOBHA DAS, EDAPURAYIL PUTHENVEEDU, CHERUNILAM, ELAMANNOOR P.O., PHOOTHANKARA, PIN-691 524, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY CIRCCLE INSPECTOR OF POLICE, AOOR, PIN-691 524. R2 BY GOVT. PLEADER SRI.P.K.BABU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPCR.387/11 PETITIONER'S EXHIBITS: EXT.P1:TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF C.I. OF POLICE, ADOOR. /TRUE COPY/ PA TO JUDGE THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- W.P(Crl.).No.387 OF 2011 ------------------------------------ Dated this the 29th day of August, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. 1.The petitioner is the mother of two minor girls aged 7 and 6 years. They are now housed in Mystical Rose Convent, Vettukadu, Trivandrum, going by the submissions of the police, on instructions. 2.The petitioner and Saji married. Two children were born. It appears that the petitioner and her husband are separated and a divorce petition is pending at the instance of the petitioner before the Family Court, Kottarakkara. According to the petitioner, the children were living with her and she, who had lost her parents in her childhood, was brought up by her father Thampan's elder brother Rajan and therefore, WPCR.387/11 2 the petitioner and the two children were residing with Rajan. 3.While the petitioner alleges that the children have been taken away by the first respondent, who is her paternal aunt, i.e., the sister of the aforesaid Rajan and the petitioner's late father Thampan, the allegations made by the petitioner do not, by itself, inspire confidence. The first respondent is stated to have put the children in the aforesaid convent. The police say that going by the statement of the first respondent as recorded by the police and on enquiry, it is revealed that it may not be in the best interest of the children to leave them with the mother, the petitioner. 4.Now, since the police has traced out the alleged detenues and they are housed in a convent, we do not find any case of illegal detention. We are satisfied on facts that as of now, the children are in a safe place. As the mother, the WPCR.387/11 3 petitioner has the right to claim custody or visitation rights, etc. in accordance with law. Since the divorce application between the petitioner and the husband is stated to be pending before the Family Court, Kottarakkara, we direct the police officer who has taken the statement of the first respondent to provide a copy of that statement to that court, which will be taken note of by that court and any application by the petitioner or the father of the children or any other person inclined to take care of the children will be considered at that end in accordance with law. Unless otherwise ordered by the Family Court, Kottarakkara, having regard to the facts and circumstances of the case, the children will continue to be housed in Mystical Rose Convent, Vettukadu, Trivandrum. It would be open to the authorities of the said convent to file appropriate statements etc., if necessary, in relation to the person and property of the aforesaid children and in matters WPCR.387/11 4 relating to their affairs which has to be dealt with by the court. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.29/8.