Indulekha vs The Government of Kerala, The City Police Commissioner, The Sub Inspector of Police and Rojin

R. Basant, J.—The petitioner, a woman aged 22 years has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce her minor daughter Niranjana, aged three years - she having been born admittedly on 20.5.2006. According to the petitioner, there is some disputes and disagreement between her and her husband, the 4th respondent herein. The said proceedings are pending before the Family Court. On 7.8.2009, it is the grievance of the petitioner that the 4th respondent had forcibly taken away the child from her custody from the premises of the Family Court, Thiruvananthapuram. The whereabouts of the child were not known thereafter and it is in these circumstances that she has come to this Court with this petition. According to her, she had filed O.P. No. 887/2009 before the Family Court for the custody of the child on the 11th August, 2009 and that case is pending

This petition was filed on 28.8.2009. The same was admitted on that date and notice was ordered to the respondents.

Today when the case is called, the petitioner is present. The 4th respondent has not appeared before Court. His parents - Mr. K. Soman and Mrs. S. Indulekha are present. They have come to Court along with the child Niranjana aged three years. The parents of the 4th respondent totally deny all allegations that have been raised in the Writ Petition. They submit that it was not a case that the child being taken away by the 4th respondent using force, on 7.8.2009 as alleged by the petitioner. It was actually a case of the petitioner abandoning the child and going away on 17.4.2009. As the 4th respondent could not look after the child who was abandoned at his residence, the parents of the 4th respondent were obliged to take the responsibility of looking after the child. According to them, it is in these circumstances that the child happened to be with them from 17.4.2009 and not from 7.8.2009. The parents of the 4th respondent submit that the 4th respondent has not come to Court today, as he is laid up due to illness. They submit that as law abiding citizens, they have brought the child along with them to be produced before the Court. They submit that they have no objection whatsoever in handing over the child to the petitioner. But, they deny all allegations that are raised. They pray that it may be recorded that the child is handed over to the petitioner by them and the petitioner may be made responsible for looking after the child hereafter. With appropriate directions, this petition can be allowed and the child Niranjana can be handed over to the petitioner, submit the parents of the 4th respondent. The parents of the 4th respondent further submit that they have brought all the belongings - dress, etc. of the child. They have handed over the said belongings of the child to the petitioner before us.

We are in these circumstances satisfied that the three year old child Niranjana can be handed over to the petitioner as agreed by the parents of the 4th respondent who have brought the child to Court today.

This petition is accordingly allowed. The minor child Niranjana brought to Court by the parents of the 4th respondent is handed over to the petitioner, as agreed by the parents of the 4th respondent. We make it clear that this judgment will not fetter the rights of the petitioner and the 4th respondent to raise appropriate contentions before appropriate for a regarding their right to custody of the child.