ANCY Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) "Amma endrazhaikatha uyir illaiye

(2.) Master Mohammed Abesag ('the detenu' for short) aged 5 years has been staying with his mother after the parents have fallen apart. He is studying in the Lower Kindergarten class in KMJ English Medium School which is near to the house of his mother. His father had divorced his mother on 11.11.2014 by pronouncing Talaq in the presence of the officials of the local mosque. It appears that an agreement was also entered into between his maternal grandfather and his father at the time of divorce. The agreement was necessitated to record the factum of returning the jewels and money by his father to his maternal grandfather. The agreement also provided that his father will have his interim custody for five days during the course of four months. His maternal grandparents were permitted to see him once in a month as per the terms of the agreement. The detenu was at other times to be with his mother only who of course was not a party to the agreement so entered into.

(3.) The father of the detenu is now employed in Saudi Arabia and the paternal grandparents used to visit him now and then as was agreed. His mother used to leave him with her sister living close-by whenever she goes for employment as a Software Engineer during day time. The paternal grandparents during their usual visit on 27.1.2018 took away the detenu never to hand back. The mother of the detenu tried to contact the parents of her divorced husband over phone which was not of any avail. The mother of the detenu finally lodged a complaint to the Police and a criminal case for abduction has been registered on 1.2.2018. The case has been registered as Crime No.138/2018 on the file of the Kulathoopuzha Police Station under Section 363 IPC.