2025:KER:26145 WP(CRL.) NO. 349 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(CRL.) NO. 349 OF 2025 PETITIONER: VINOD.B,AGED 47 YEARS S/O BHASKARAN NAIR, BINDHU BHAVAN, CHOOTTAYIL, PULLAYIL, KILIMANOOR, THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. LATHEESH SEBASTIAN SHAILA RANI S.B. RESPONDENTS: 1 DEPUTY SUPERINTENDENT OF POLICE DY.S.P OFFICE, NEDUMANGAD , THIRUVANANTHAPURAM, PIN - 695541 2 THE STATION HOUSE OFFICER POTHENCODE POLICE STATION, THIRUVANANTHAPURAM, PIN - 695584 3 VANI.V, AGED 35 YEARS D/O N.VIJAYAKUMAR, RESIDING AT 10F-1003, DEVANANDANAM, CONFIDENT GREEN VALLEY, TC 2/2075(71), FLAT NO.1003, THUNDATHIL P.O., AYIROOPARA VILLAGE, KARYAVATTOM, THIRUVANANTHAPURAM, PIN - 695581 SRI P M SHAMEER-GP; SMT RESHMA T R THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26145 WP(CRL.) NO. 349 OF 2025 2 JUDGMENT DEVAN RAMACHANDRAN (J) The petitioner alleges that his minor daughter of 14 years is being illegally detained by the 3rd respondent – mother. 2. Sri.Latheesh Sebastian – learned counsel for the petitioner, concedes that there are matrimonial issues between the parties; and that his client has already moved O.P. (G&W)No.2738 of 2024 before the learned Family Court, Thiruvananthapuram. He says that, however, the child is not being produced before the learned Family Court by the 3rd respondent and that she is hiding her away, with the assistance of her male friend and hence that his client is anxious about the welfare of the child. He invited our attention to the photographs on record - produced as Ext.P3 - to reiteratingly assert that the child’s life is in 2025:KER:26145 WP(CRL.) NO. 349 OF 2025 3 danger. He thus prayed that this Original Petition be allowed and child be released from the illegal custody of the 3rd respondent. 3. In refutation, however, Smt.P.R.Reshma – learned counsel for the 3rd respondent, submitted that the afore assertions are without basis and factually untrue because, her client has also filed three other cases against the petitioner, namely O.P(HMA)No.1032/2024 seeking divorce; M.C.No.233/2024 seeking maintenance and O.P.No.328/2025 seeking return of gold and such other reliefs. She added that these matters are listed to 01.04.2025 before the learned Family Court, Thiruvananthapuram and that her client will be present on that day, along with the child, before it. She concluded saying that the whatsApp chats produced on record as Ext.P2 are fraudulent and untrue and that the phone number 2025:KER:26145 WP(CRL.) NO. 349 OF 2025 4 mentioned in it does not belong to her client. She added that the child herself has given a statement on this, stating that she has not made any of the chats as has been shown therein. She vehemently denied that her client is living with another person and asserted that the mother and child are alone in a house as it was earlier. 4. Sri.P.M.Shameer – learned Government Pleader, affirmed that the parties are litigating with each other and that the afore cases are pending. 5. It is thus obvious that this Writ Petition has been filed at a time when the parties are engaged in severe matrimonial strife, within competent judicial Forums. This Court cannot, therefore, intervene except in exceptional circumstances, which we do not see in this case. 6. That apart, the 3rd respondent now 2025:KER:26145 WP(CRL.) NO. 349 OF 2025 5 undertakes that she and the child will be present before the learned Family Court, Thiruvananthapuram, on 01.04.2025, when the matters are stated to be next listed. In the afore circumstances, we close this Writ Petition without intervening at this stage; however, leaving liberty to the petitioner to approach this Court again in case the afore undertaking of the respondent is violated. Even though we have disposed of this matter, we order that it be listed on 02.04.2025 for confirmation that the above undertaking has been complied with. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE SAS 2025:KER:26145 WP(CRL.) NO. 349 OF 2025 6 APPENDIX OF WP(CRL.) 349/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE PETITION IN O.P. (G&W) NO.2738/2024 OF FAMILY COURT, THIRUVANANTHAPURAM DATED 28.12.2024 Exhibit P2 TRUE COPY OF THE WHATSAPP MESSAGES RECEIVED BY THE PETITIONER FROM HRISHITHA ON 24.01.2025, 25.01.2025 AND 26.01.2025 Exhibit P3 PHOTOGRAPHS SHOWING THE BEAT MARKS ON THE THIGHS AND HAND OF ASSAULT ON THE DETENUE BY THE 3RD RESPONDENT