Continuation of custody to a grandparent recognized as justified based on prolonged care.

O R D E R

(Dated this the 31st day of January, 2026)

The grandmother of the victim, aged 9 years, involved in Crime No.47 of 2019 of Vattappara Police Station, filed this petition under Section 482 Cr.PC challenging the order of the Additional Sessions Judge for the trial of the cases relating to Atrocities and Sexual Violence Against Women and Children, Thiruvananthapuram, dated 14.03.2019 rejecting her application for getting the custody of the victim and for allowing the custody of the victim girl to the petitioner.

2. The prayer for granting custody of the minor child to the petition was rejected by the learned Sessions Judge as per Annexure-3 order on 14.03.2019. However, at the time of arguments, the learned Public Prosecutor has passed over to me the order of this Court dated 07.08.2019 in which the interim custody of the minor victim was given to the petitioner.

3. The learned counsel for the petitioner submitted that even now the petitioner is in custody of the minor victim and that now the victim is aged 16 years. Since the petitioner has been in custody of the minor victim for the last 7 years, I hold that it will be only just and proper to permit the victim to continue with the custody of the petitioner.

Accordingly, this Crl.M.C is allowed, the interim custody of the minor victim given to the petitioner as per order dated

26.06.2019 is made absolute.

Sd/-