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2019 Supreme(Online)(KER) 2226

RAJESH.N.PAI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['SRI DINESH R SHENOY', '', 'SRI EBIN MATHEW', 'SRI P ROHIT PREMANANDAN SHENOY']

Petitioners herein have been arrayed as accused 1 & 2 among the two

accused in the instant Crime No.824/2019 of Ernakulam Town North

Police Station, which has been registered for offences punishable under

Secs.324 & 34 of the IPC read with Sec.75 of the Juvenile Justice (Care and

Protection of Children) Act, 2015 (hereinafter referred for short as JJ Act).

2.

The prosecution case in short is that the 2nd petitioner (A-2) had

secured her divorce from her 1st husband on 09.11.2018, pursuant to

Annexure-3 proceedings on mutual consent basis and and the permanent

custody of the 8 year old minor son born to them has been granted to the

2nd petitioner (A-2) subject to visitorial and weekend custody to the

divorced husband and that the said minor son aged 8 years born to the said

couple is the minor victim boy involved in this case. That the 1st petitioner

herein (A-1) is a divorcee having two minor sons and a minor daughter and

the 1st petitioner and the 2nd petitioner (A-1 & A-2) had married on

02.05.2019, after the 2nd petitioner had secured divorce, as aforestated and

thereafter petitioners 1 & 2 as well as the three children born to the

3

1st petitioner through his f

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