Back
2026 Supreme(Online)(Ker) 18488
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
BINCY JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 98 OF 2026
For the Appellants/Petitioners: SRI.M.PROMODH KUMAR, SMT.MAYA CHANDRAN
For the Respondents: PUBLIC PROSECUTOR, SRI.ARUL MURALIDHARAN, SRI B S SYAMANTHAK-GP
The court emphasized that interim custody arrangements must prioritize the child's safety amidst ongoing investigations into parental backgrounds.
Headnote:Under the provisions of the KAA(P)A Act, the High Court addressed the matter of a child alleged to be illegally detained by the father. The Court examined custody implications, safety concerns due to the father's criminal background, and directed temporary custody arrangements. The Court maintained that any final order awaits the Family Court's decision. Specific issues included the child’s wellbeing and the legitimacy of the CWC's intervention, alongside ongoing threats related to the custody application.
| 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 go and live with her.
3. We would have gladly acceded to the request of the child, but we find an impediment because the learned Government Pleader – Sri.N.B.Sunil Nath, submits that the person with whom the petitioner is now living is involved in various crimes, including murder. He insisted that the child will not be safe living with her mother.
4. Obviously, unless we are able to obtain greater details about the person in question – with whom the petitioner is stated to be living – we cannot trust the child to be safe in her care.
5. The petitioner, who is also present in person, at this time, submitted that she is willing to be with her daughter at ‘Sakti Sadan’, Cherukutty Road, Calicut, which is an institution run by the same ‘Girls Home’, where the ‘alleged detenue’
is presently put up.
6. We are fully aware that there is a contention by the petitioner that the intervention by the ‘CWC’ in taking over the child to the ‘Girls Home’ is illegal, particularly when her custody case is pending before the learned Family Court concerned. This issue, we will deal with in due time.
7. As said above, before we can move forward and decide whether the child can be with the father or mother or with both of them, as the case may be, in future, we have to ensure that she will be safe in all such arrangements.
8. As matters now stand, the child wants only to go to the mother and is showing some alienation towards the father.
We do not know why this is so.
9. As of now, our options are very limited, and we believe that the suggestion now made by the WP(Crl.) No.98/2026 -3-
petitioner would be the most apposite.
10. We, therefore, direct the Officers of the ‘CWC’ to accompany the ‘alleged detenue’ and her mother to ‘Sakti Sadan’, and to allow them residence there until the next posting date.
11. We order that the child will be with her mother always, but that her requirements will be taken care of by the ‘CWC’, as is statutorily required.
List on 28.01.2026.
4. Thereafter, on 29.01.2026, Sri. Syamanthak B. S. – the learned Government Pleader, requested some more time for the police to verify the credentials of the person who is stated to be staying with the petitioner.
5. The afore credentials were made available to us on 10.02.2026; and since we saw that the person in question is involved in various Crimes, we had to make sure that the mother and child were safe, for which, we passed an order on the said day as under:
The alleged detenue and the petitioner, who is her mother, have been staying at 'Sakti Sadan', under our orders for the last few days.
2. They were present before us today.
We allowed the 4th respondent to interact with the alleged detenue his daughter, for over an hour in our Chambers, when we were engaged in our official work in Court, and we saw that the child wa
