xxxxxxx vs State of Kerala, Represented by the Secretary, Department of Women and Child Development, Government Secretariat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ker) 1152

V. G. ARUN
xxxxxxx – Appellant
Versus
State of Kerala, Represented by the Secretary, Department of Women and Child Development, Government Secretariat – Respondent

Advocates Appeared:
For the Petitioner: Bhanu Thilak, S.R. Prasanth, Vishnu R.
For the Respondent: Joseph George, P.A. Rejimon, Nikita Nair C.S., Vivek Jos Puthukulangara.

JUDGMENT :

V.G. Arun, J.

A young lactating mother is before this Court, aggrieved by an order passed by the Child Welfare Committee (hereinafter referred to as “CWC”), finding her unfit to look after her baby aged just one year and four months and gave custody of the baby to her husband the 3rd respondent herein. The circumstances that led to the impugned order are as under;

The petitioner had married the 3rd respondent on 16.08.2019 and a child was born to them on 25.08.2023. The petitioner left the company of her husband on 15.11.2023, which according to her, was due to his constant harassment, both mental and physical. When the petitioner left his house, the 3rd respondent lodged a complaint before the police, resulting in registration of Ext.P1 FIR under Section 57 of the Kerala Police Act, 2011. After leaving her husband, the petitioner started to live with her mother. During her stay in her mother's place, she eloped with a person named Mohammed Rafi. On coming to know about this, the 3rd respondent lodged another complaint on 19.09.2024, which led to the registration of Ext.P2 FIR, again under Section 57 of the Kerala Police Act. During the course of investigation based on Ext.