ORDER :

(P.V. Kunhikrishnan, J.) :

The purpose of marriage is to find happiness and companionship with the partner, and not to perpetuate strife and discord. In other words, marriage is for happiness, and not for fight. Nowadays, if there is any misunderstanding between parties to a marriage, there is a trend for the parties to the marriage to fight between them indefinitely. If children are there in a marital relationship, the custody of the children also will be a weapon for the parties to strengthen their fight. If the parties to the marriage decide that there is no chance for a reunion, a cordial separation with a golden shake hand is preferable. But it seldom happens. The facts in this Criminal Miscellaneous case is an example of the fight of a couple which leads to an awkward situation. This is an unfortunate case in which a small girl aged 3 years is used by her own mother as a weapon to fight against her husband.

2. Petitioner is the accused in S.C.No.205/2016 pending before the Fast Track Special Court, Attingal. The above case is registered alleging offences punishable under Sections 3, 4 and 5(l) of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCS