Kerala High Court Grants Custody Of Child Allegedly Impregnated By Her Twin Brother To Parents Under Strict Conditions

The Court further directed the petitioners (parents) to make sure that the twin brother of the victim, who allegedly impregnated her, is not allowed access to the house or any other area, and on violation of the terms, they will lose the benefit of the judgment.

Accordingly, while noting that the bail condition specifically required that the perpetrator cannot enter Kottayam District without further orders from the Court, the bench of Justice Devan Ramachandran observed, “Since the perpetrator of the crime is facing trial and has been incapacitated from even entering the district - much less the house where the parents of the child are residing - I am of the view that they ought to be granted the reliefs sought for in this Writ Petition. However, this can only be on certain safeguards being provided”.

Advocate Godwin Joseph appeared for the petitioners, and Government Pleader Rajeev Jyothish George appeared for the respondent.

The petitioners had argued that there was no purpose in denying the parent’s company to the child because her twin brother had already been arrested and enlarged on bail on the specific condition that he shall not enter Kottayam District. It was further contended that the victim in the Care Home is now suffering severe mental stress without any access to her parents, causing deep psychological scars.

In the previous order, the court had observed, “For some reason, in matters like this, the views of the girl are seldom taken into account. I am of the view that this should be done, particularly when the various reports on record are inconclusive”. Therefore, it had directed the Secretary of the District Legal Services Authority (DLSA), Kottayam, to meet the girl and her parents to interact with her to know her desire and to further file a report before the Court in a sealed cover mandating to protect her privacy.

Further, as per the submitted report, DLSA had put forth that after the interaction with the child, she expressed her intense desire to be with her parents.

Consequentially, the bench while allowing the writ petition, passed the following directions:

a) to return the child to her parents, on proper documentation received by the Care Home;

b) parents to ensure the brother of the child does not see her and is not allowed access to her;

c) directed the Child Welfare Committee to ensure that the directions are implicitly complied with;

d) to ensure that the child completes her studies without any impediment.

Cause Title: XXXX v. Child Welfare Committee (Kottayam) [Neutral Citation: 2023/KER/70139]