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2026 Supreme(Online)(Ker) 6941

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
JOSE BABU MALIAKEL – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI. BRIJESH N.B., SHRI.BALAKRISHNAN N., SHRI.K.N.RANJITH, SMT.SREEKUTTY S.B., SMT.ANJANA K.A., SMT.MUBASHIRA T.K., SHRI.KARTHIKEYAN R.
For the Respondents: SRI.ENOCH DAVID SIMON JOEL, SRI.S.SREEDEV, SRI.RONY JOSE, SHRI.LEO LUKOSE, SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY, SHRI.DERICK MATHAI SAJI, SHRI.KARAN SCARIA ABRAHAM, SHRI.RINOY INNOCENT, SHRI.AADITHYA S.R.

JUDGMENT Devan Ramachandran, J.

The petitioner alleges that his daughter (who will hereinafter be referred to as the ‘alleged detenue’) is being detained illegally by the 2nd respondent – her mother, without him being offered any access to her.

2. Pertinently, Sri.Brijesh N.B. - learned counsel for the petitioner, admitted that his client has moved GOP No.211/2023 before the learned Family Court, Pala, which is still pending.

3. We are aware that the petitioner has approached this Court earlier, to obtain Ext.P7 judgment; and this also establishes that the parties are in litigation qua the custody of the child (‘alleged detenue’).

4. The present allegation by the petitioner is that the ‘alleged detenue’ is being kept away from him by the 2nd respondent – mother, without being shown to him. This is what he terms 'illegal detention'.

5. We are afraid that we cannot find favour with this contention at all because, if the petitioner requires any orders with respect to the visitation or interim custody rights over the ‘alleged detenue’, it is for him to move the learned Family Court appropriately.

6. We are persuaded to this view also because the parties were before us today personally, along

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