Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 WP(Crl.).No. 643 of 2012 (S) ---------------------------- PETITIONER(S): ------------- AJITHA RAJAN KIZHAKKUMKARA PUTHENPURACKAL, NELLAD P.O., VETTOOR MOOVATTUPUZHA. BY ADVS.SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD RESPONDENT(S): -------------- 1. THE DIRECTOR GENERAL OF POLICE, KERALA HEAD QUARTERS, THIRUVANANTHAPURAM ”
001.
2. THE SUPERINTENDENT OF POLICE (RURAL) ALUVA ”
101.
3. SUB INSPECTOR OF POLICE MOOVATUPUZHA ”
661.
4. RENJU G.R RENU NIVAS, KURUMPAYAM, KALLARA THIRUVANANTHAPURAM, NOW RESIDING AT NO. 7 MARIA ANNAI APARTMENT, VENKATESWARA STREET KOTTARAM, KANYAKUMARI DISTRICT, TAMIL NADU”
701. BY GOVERNMENT PLEADER SRI P.M. SANEER THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 643 of 2012 (S) ---------------------------- APPENDIX PETITIONERS EXHIBITS EXT.P1 PHOTOGRAPHS SHOWING THE MARRIAGE OF THE PETITIONER WITH FOURTH RESPONDENT. EXT.P2 PHOTOGRAPH OF PETITIONERS SON 'VAISHNAV'. EXT.P3 TRUE PHOTOCOPY OF THE COMPLAINT MADE BY PETITIONER TO THE THIRD RESPONDENT. RESPONDENTS EXHIBITS : NIL // TRUE COPY \\ P.A TO JUDGE SS PIUS C. KURIAKOSE & BABU MATHEW P.JOSEPH, JJ.
==================== W.P. (Crl.) No. 643 of 2012 ==================== Dated this the 20th day of December 2012 JUDGMENT PIUS C. KURIAKOSE, J.
The grievance voiced by the petitioner who is the mother of a young boy of 4 = years is that the boy was forcibly taken out of her custody by the 4th respondent. The 4th respondent is none other than the father of the boy has now been removed to some unknown place. The whereabouts of the boy are not known at all.
2. We are of the view that the petitioner will have to seek the substantive relief of getting back the custody of the child from a competent Family Court. However, as the petitioner has an allegation that her child has been removed to an unknown place and whereabout are not known, we direct the 3rd respondent to conduct an immediate enquiry into Ext.P3 and find out as to, where the child is presently kept by the 4th respondent, his father so that the petitioner mother can see her child. Writ petition (Crl.) is disposed of as above. Sd/- PIUS C. KURIAKOSE, JUDGE Sd/- BABU MATHEW P.JOSEPH, JUDGE kvr/