IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(Crl.).No. 455 of 2009(S) --------------------------- PETITIONER : --------------- AMBILI.T.S, D/O.SANTHAKUMARI, AGED 36 YEARS, KARAKKADU VEEDU, T/C.16/1112, NEAR ANANTHAPURI AUDITORIUM, JAGATHY, THIRUVANANTHAPURAM. BY ADV. SRI.SABU S.KALLARAMOOLA RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER OF POLICE (LAW & ORDER), THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, KARAMANA POLICE STATION, KARAMANA, THIRUVANANTHAPURAM. 5. AJIKUMAR, S/O.SADASIVAN, KADAYARA VEEDU, PAMAMKODE, ESTATE P.O, PAPPANAMCODE, THIRUVANANTHAPURAM. 6. BEENA, W/O.MURUGAN, NADUTHALAPUTHEN VEEDU, T/C.41/245, KURIATHY, MANACAUD.P.O, THIRUVANANTHAPURAM. 7. MURUGAN, NADUTHALAPUTHEN VEEDU, T/C.41/245, KURIATHY, MANACAUD.P.O, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.RAVINDRA BABU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.455 of 2009 ------------------------------------- Dated this the 12th day of November, 2009 JUDGMENT BASANT, J. The petitioner, a woman, aged 36 years, has come to this Court with a grievance that her minor daughter Devika, aged 11 years, a 6th standard student of Cotton Hills Girls High School, Trivandrum is being illegally detained by the 5th respondent, the father of the child in collusion with respondent Nos.6 and 7, the sister and brother in law respectively of the 5th respondent. According to the petitioner, in her marital relationship with the 5th respondent, they have 2 children, the elder one is Devika, the alleged detenue and the younger child is Anu, aged 8 years, a student of the 4th standard. 2. According to the petitioner, the child was forcibly taken away by the 5th respondent on 04.10.09. After the child was so taken away forcibly from the custody of the petitioner, the whereabouts of the child is not known. The child is attending the school thereafter and her studies have been discontinued. It is the grievance of the petitioner that the child's W.P(Crl.) No.455 of 2009 2 name has been struck away from the school registers on account of long unexplained absence. 3. It is, in these circumstances that the petitioner has come to this Court with the prayer that the extraordinary constitutional jurisdiction under Article 226 of the Constitution may be invoked to issue a writ of habeas corpus to search for, trace and produce the alleged detenue - the minor child Devika. 4. This petition was filed on 04.11.09. It was admitted on 05.11.09 and the case was posted to this date. 5. Today when the case is called, the petitioner and her counsel are present. The 5th respondent has appeared before the Court along with the alleged detenue - minor child Devika. We have interacted first with the minor child in the Chamber. The minor child has a lot of love and affection for her father, the 5th respondent from whose custody she comes. But it is stated unambiguously by all concerned that the child has not been attending the school ever since the 5th respondent took her away from the house of the petitioner. There are conflicting version about the circumstances under which the child happened to be removed from the residence of the petitioner. It appears to be evident that there were disagreements and quarrels between the W.P(Crl.) No.455 of 2009 3 spouses and it is under those circumstances the child was taken away from the residence of the petitioner by the 5th respondent. We are not embarking on a detailed discussion about the nature of the dispute nor do we want to resolve such disputes in this proceedings. 6. The 5th respondent is not represented by any counsel. We interacted with the parties. We impressed upon them the need to ensure that the child resumes her education at the earliest. Both sides submit that the Family Court, Trivandrum is not functioning now as the incumbent Presiding Officer has been transferred and no one has taken charge. Both pray for time to move the Family Court and obtain appropriate orders regarding the custody of the minor child. 7. We are happy to note that at the end of the interactions between the parties, the parties have agreed on the future course to be followed until they secure orders from the Family Court. They agree that the child can now return from the Court along with the petitioner, her mother. The petitioner shall send her to the school after securing readmission if necessary. The child shall be sent to the school regularly and promptly by the petitioner. W.P(Crl.) No.455 of 2009 4 8. It is further agreed that on the Fridays preceding the second and fourth Saturdays the child shall be handed over by the petitioner to the 5th respondent who shall take her from the residence of the petitioner only to the residence of his father and mother (paternal grandparents of the child) at Pamamcode near Pappanamcode. The child shall not be taken to any other place for residence. The child shall be taken from the residence of the petitioner and shall be brought back at the residence of the petitioner by the 5th respondent. The learned Government Pleader undertakes that instructions will be given to the Karamana Police within the jurisdiction of which the petitioner resides to ensure that these directions are carried out without giving any room for dispute. 9. We make it clear that these directions shall remain in force until either party moves the Family Court and the Family Court issues appropriate further directions. 10. This Writ Petition is, in these circumstances, allowed in part as indicated above. The minor child Devika is permitted to return from Court along with her mother, the petitioner herein. W.P(Crl.) No.455 of 2009 5 11. Issue copy of this judgment to both sides immediately. Issue copy to the learned Government Pleader also for immediate communication to the 4th respondent. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-