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2026 Supreme(Online)(Ker) 13109

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
SNEHA SARA MATHEW – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: JERRY MATHEW, HARIKRISHNAN V.R., VISHNUPRASAD P.S., DEVIKA K.R., SANTRA ANIX KALLUZHATHIL
For the Respondents: B.S.SYAMANTHAK, A.PARVATHI MENON

Table of Content
1. allegations of detention and child welfare issues. (Para 1 , 2)
2. need for supervision and support for both mother and child. (Para 3 , 4 , 5 , 6)

JUDGMENT Devan Ramachandran, J.

This Writ Petition has been filed by the mother of a four year old girl, alleging that the latter is being detained against law, by the 2nd respondent – Child Welfare Committee (CWC).

2. We must record upfront that this is a case where we saw fair amount of confusion and misunderstanding as to the facts involved and presented. This is because, the ‘CWC’ suspects the mother to have tortured the daughter; while, the inputs indicate that both of them possibly require some support and assistance, with the mother not appearing to act deliberately.

3. In the afore perspective, we passed an order dated 17.02.2026, to the following effects:

Sri.B.S.Syamanthak – learned Government Pleader, submits that the petitioner is reported to be having psychological distress on account of various factors. Therefore, the Child Welfare Committee (CWC) determines that the child may not be safe with her.

2. We allowed the child to be with the mother within our watch in the Court and we saw that she was very comfortab

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