Kerala High Court · 2025

ANITHA MATHAI MUTHIRENTHY SMT.MINI GOPINATH, CGC SMINI JOSE(K/262/2015) SRI SREELAL N WARRIER-SPL PP; THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR HEARING ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL.) NO. 47 OF 2021 4 JUDGMENT Devan Ramachandran , J. The petitioner alleges that the first respondent - his estranged wife - has taken the alleged detenue, namely his son, outside India in spite of Ext.P1 order of the learned Family Court, Thrissur, whereby, he is entitled to hold the latter's interim custody on certain specified days, including holidays and vacations.

2. We notice from the files that it is with considerable difficulty – discernible from the various orders issued by this Court, including the issuance of warrants of arrest and impounding of passports – that the first respondent has been notified in these proceedings; and that she is now appearing online.

3. In fact, the first respondent and the alleged detenue appeared for the first time online on 28.03.2025, when she informed us that she is residing in UAE, with another daughter of hers from an earlier marriage. We, thereupon, adjourned this matter to be called today, so that the petitioner can also be present, with a view to allow him to talk to the child through WP(CRL.) NO. 47 OF 2021 5 online platform.

4. When this matter was called in the morning today, the phone number of the first respondent was made available by her counsel to the learned counsel for the petitioner; and we thereafter called this matter in the afternoon session by about

2.45 p.m. By then, the father had established contact with his son, though it was reported to us that, on account of a weak internet link, the conversation was not satisfactory.

5. However, it is submitted by Smt.Anitha Mathai Muthirenthy – learned counsel for the first respondent, that the father can talk to the child every day if required, through the same number and that this will be fully facilitated by her client.

6. Smt.Nubla V – the first respondent, was also present online, along with the alleged detenue; and she reaffirmed that she intends to return to Kerala, if possible, by June – July, when her son has school holidays, or, if not, by December, 2025, when he has school vacations. She explained that she is facing a difficulty because her passport has now expired and it will have to be renewed, thus making a trip in June – July slightly unsure.

7. As we have already stated above, even when we hear WP(CRL.) NO. 47 OF 2021 6 Smt.Nubla V. as afore, there have been certain orders from this Court, through which, it appears that her passport, as also that of the alleged detenue, has been impounded. If this is so, we are not sure if she will be able to obtain either renewal of the same, or even to travel to India, except with our intervention.

8. Smt.M.A.Sulfia - learned counsel for the petitioner, at this point, conceded that her client will be satisfied if we order this writ petition, allowing him to talk to his son every day through “Botim” or such other internet platform; and further that the first respondent be directed to bring him to India next holiday or vacation, as the case may be. She requested that the first respondent be ordered to inform his client the tentative dates of her arrival in India, so that he can then hold custody of his son for a few days.

9. Smt.Anitha Mathai Muthirenthy - appearing for the first respondent, in response, submitted that whenever her client is in India, she has no objection to the child being with the petitioner for a substantial duration. In the afore circumstances, with the consent of both sides, we order this writ petition in the following manner: WP(CRL.) NO. 47 OF 2021 7 (a) We allow the petitioner to talk to the alleged detenue – his son, every day on the phone number that has been provided to him, either through “Botim” or such other video conferencing facility. We record the undertaking of the first respondent that she will facilitate this every day between 7 p.m. and 8 p.m., without any impediment. (b) We vacate all the earlier interim orders of this Court whereby warrants of arrest have been issued against the first respondent and the alleged detenue; as also that ordered the impounding of the passports, bearing No.S5281274 and T1994381. We order that the passports shall be renewed as per law without any impediment being caused solely on account of the interim orders of this Court, which we reiterate will stand withdrawn and cease to operate. (c) We direct the first respondent to bring the alleged detenue to Kerala either during June – July 2025 if the passports are to be renewed; or in December 2025, aligning with the school holidays/summer recess of the alleged detenue. Of the child being so brought to Kerala, he shall be given in interim custody to the father for all days during his stay in Kerala, except the first three WP(CRL.) NO. 47 OF 2021 8 and the last three. The place of exchange for this shall be the front gate of the house of the first respondent at Kunnamangalam, Calicut. We record that this is acceded to by the petitioner also. We direct the Deputy Solicitor General of India to communicate this order to all the relevant Authorities, including the official respondents herein for favour of necessary action. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE WP(CRL.) NO. 47 OF 2021 9 APPENDIX OF WP(CRL.) 47/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF COMMON ORDER DATED 13/01/2021 IN EA 230/2020 AND EA.231/2020 IN EP.3/2019 IN OP 1750/2014. EXHIBIT P2 TRUE COPY OF E-VISA INQUIRY RESULT. EXHIBIT P3 TRUE COPY OF ORDER DATED 21/06/2019 IN OP(FC) 290/2019. EXHIBIT P4 TRUE COPY OF COMMON ORDER DATED 06/07/2019 IN EA.189/2019, EA.11/2019, EA.226/2019 AND EA.301/2019 IN EP.3/2019 IN OP.1750/2014. EXHIBIT P5 TRUE COPY OF REFER REPORT 20/05/2019 IN CRIME NO.557/2019 OF POOCHACKAL POLICE STATION. EXHIBIT P6 TRUE COPY OF ORDER DATED 17/12/2020 OF FAMILY COURT, THRISSUR IN EA.130/2020 FILED BY PETITIONER. EXHIBIT P7 TRUE COPY JUDGMENT DATED 06/01/2021 IN OP(FC).539/2020. EXHIBIT P8 TRUE COPY OF ORDER DATED 01/02/2021 OF HONOURABLE SUPREME COURT. EXHIBIT P9 TRUE COPY OF E-VISA ENQUIRY RESULTS OF 1ST RESPONDENT. EXHIBIT P10 TRUE COPY OF E-VISA ENQUIRY RESULTS OF DETENUE. RESPONDENT EXHIBITS EXHIBIT C(1) E VISA INQUIRY RESULT PRODUCED ON 09/03/2021