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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
BINCY JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner's claim of illegal detention. (Para 1 , 2) |
| 2. concerns about child's safety. (Para 3 , 4) |
| 3. temporary custody at 'sakti sadan'. (Para 5 , 6) |
| 4. investigation of parental backgrounds. (Para 7) |
| 5. interim custody arrangements require family court's review. (Para 9 , 10 , 11) |
| 6. final orders left to family court. (Para 12 , 13) |
Devan Ramachandran, J.
The petitioner alleges that her daughter (who will hereinafter be referred to as the “alleged detenue”) is been detained illegally by the 4th respondent, but concedes that he is her father.
2. We have considered this matter several times in the past, which is evident from our orders issued from time to time.
3. On 23.01.2026, we were told that the child had been taken into custody by the officers of the Child Welfare Committee (for short, 'CWC'); and we therefore issued an order on the same day, which is as under:
The ‘alleged detenue’ – who is a child of seven years old, was produced before us by the Officers of the Child Welfare Committee (CWC), and we had an interaction with her.
2. The child seems to be very attached and devoted to the petitioner, who is her mother; and she told us unequivocally that she wants to g
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