XXX Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 4th day of March 2021 The father of a 11 year old child has filed this writ Petition alleging that the child is in the illegal custody of the 4th respondent- Child Welfare Committee, Ernakulam. He also alleges that the 4th respondent is denying him his right to meet and talk to his child without any reason, misusing and abusing her official position.

(2.) Petitioner has stated that he had earlier approached this Court in WP(C) No.30123 of 2017 alleging inaction on the part of the Child Welfare Committee as well as the Kerala State Commission for Protection of Child Rights on his complaint and that the said Writ Petition was dismissed and that W.A.No.523 of 2018 filed by him against that judgment was also dismissed as per Ext.P1 judgment taking note of the pendency of the litigation before the Family Court between him and his wife. He has stated that Ext.P2 application filed by him on 02.11.2017 before the Family Court, Ernakulam in O.P.(G&W) No.36 of 2017 is pending.

(3.) Petitioner has further stated that on 10.01.2020 the 4th respondent had directed him to produce the child for counseling and on that day he was informed that continuous counseling was not required. Petitioner states that though he had informed them that the child should be taken to professional counselors they discarded his request and kept the child in their custody.