KISHOR KRISHNA.S Vs. STATE OF KERALA

JUDGEMENT

(1.) Ext.P3 order passed by the second respondent, the Child Welfare Committee (CWC) constituted under Section 27 of the Juvenile Justice (Care and Protection of Children) Act, 2017 (the Act) for Kollam District, is under challenge in the writ petition.

(2.) The facts relevant as discernible from the materials on record are the following. The petitioner is the father of a girl child aged 5 years. The third respondent is the mother of the child. The relationship between the petitioner and the third respondent is estranged and they are living separately. The third respondent has also instituted a proceedings before the Family Court, Kottarakkara, against the petitioner, for dissolution of her marriage with the petitioner on various grounds, and the same is pending. The child has been with the petitioner ever since the third respondent left the company of the petitioner. On 17.09.2019, the third respondent preferred a complaint before the CWC seeking appropriate orders for the custody of the child, stating among others, that the petitioner is an alcoholic; that the child needs the care and protection of the mother; that the child wants to live with her and that she is prevented from taking custody of the child. Notice was issued to the petitioner by CWC on the said complaint and when the petitioner appeared before the CWC on 18.09.2019 on notice, he was directed to produce the child before the CWC on 19.09.2019. On 19.09.2019, the petitioner appeared before the CWC again with the child. On 19.09.2019, after hearing both the petitioner and the third respondent, the CWC called for a social investigation report and the child was sent back with the petitioner. Thereupon, the CWC received the social investigation report to the effect that the child wished to stay with her mother. On receipt of the said report, in terms of Ext.P3 order, the CWC directed the petitioner to appear before them with the child on 26.09.2019. On 26.09.2019, as the petitioner did not produce the child, the Station House Officer concerned was directed to produce the child before the CWC on 27.09.2019. The Station House Officer of the concerned police station has not produced the child before the CWC on 27.09.2019 as directed. In the circumstances, on 27.09.2019, the CWC has revoked its earlier order granting custody of the child to the petitioner and directed the Station House Officer concerned to take custody of the child from the petitioner and entrust the child to the custody of the third respondent.

(3.) In the meanwhile, this writ petition was instituted by the petitioner on the ground mainly that the child involved in the matter is not a child in need of care and protection, as defined under Section 2(14) of the Act and the CWC has, therefore, no jurisdiction to continue the proceedings. On 26.09.2019, this court stayed further proceedings pursuant to Ext.P3 for ten days. In the light of the said interim order, the order dated 27.9.2019 was not enforced.