Kerala High Court
Arshad Liyakath vs Fahisa on 26 February, 2026
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WP(C) NO. 5853 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 26TH DAY OF FEBRUARY 2026 / 7TH PHALGUNA, 1947
WP(C) NO. 5853 OF 2026
CRIME NO.1450/2025 OF Kunnamkulam Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED 30.01.2026 IN IA 0/0 IN
OP NO.157 OF 2025 OF FAMILY COURT, KUNNAMKULAM
PETITIONER:
ARSHAD LIYAKATH
AGED 38 YEARS
VELEKKERY HOUSE, PERUMBADAPPU POST, MALAPPURAM
DISTRICT, PIN - 679580
BY ADV ARSHAD LIYAKATH(PARTY-IN-PERSON)
RESPONDENTS:
1 FAHISA
AGED 30 YEARS
PALLIMANJALIL MELETHIL HOUSE, PERUMBILAVU P.O.,
PERUMBILAVU VILLAGE, KUNNAMKULAM TALUK, THRISSUR
DISTRICT, PIN - 680519
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
3 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT
SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001
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4 THE STATION HOUSE OFFICER
KUNNAMKULAM POLICE STATION THRISSUR DISTRICT, PIN -
680503
5 DCPU, THRISSUR
DCPO, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN -
680003
6 THE REGISTRAR
FAMILY COURT, KUNNAMKULAM THRISSUR DISTRICT, PIN -
680503
BY ADVS.
SMT.RIZWANA A.A.
SHRI.AQIB SOHAIL P.S.
SMT.SAMUDRASANTHI M. D.
SMT.SHAIJIRA R.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2026, THE COURT ON 26.02.2026 DELIVERED THE
FOLLOWING:
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SHOBA ANNAMMA EAPEN, J.
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WP(C) No. 5853 of 2026
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Dated this the 26th day of February,2026
JUDGMENT
The writ petition is filed with the following prayers:-
“a) Issue an appropriate writ, order or direction
under Articles 226 and 117 of the Constitution of
India directing immediate production of the minor
child, xxxxxxxxxxxxxxxxxx (DOB: 09-01-2020) before
this Hon’ble Court or before such authority as this
Hon’ble Court may designate, in order to assess the
present welfare and safety of the child.
b) Grant interim custody of the minor child to the
petitioner for a limited period of fourteen (14) days, in
order to restore continuity of parental bonding which
has been obstructed for more than 140 days, subject
to such supervisory, reporting or protective
conditions as this Hon’ble Court may deem fit;
c)In the alternative, pending consideration of interim
custody, direct that the minor child be placed in a
neutral and supervised arrangement under the Child
Welfare Committee/District Child Protection Unit,
with structured and enforceable access to the
petitioner;
d) Direct a time-bound independent psychological
and developmental assessment of the minor child,
along with a Social Investigation Report through the
District Child Protection Unit/Child Welfare
Committee, to be submitted before this Hon’ble Court
within a fixed period.
e)Issue appropriate supervisory directions ensuring:
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 enforcement of the subsisting access
order dated 01-09-2025.
 preservation of all evidence in
FIR No.1450/2025 and FIR NO.0167/2026
 that no person named as accused in the
said FIRs shall have unsupervised access
to the minor child pending investigation,
 and that the minor child shall not
be removed from the territorial
jurisdiction of this Hon’ble Court
without prior leave.
f) Exercise supervisory jurisdiction under Article 227
to correct the failure to invoke interlocutory
protective jurisdiction under Section 12 of the
Guardians and Wards Act,1890, in the peculiar
circumstances of criminal escalation and prolonged
obstruction.”
2. The brief facts of the case are as follows:-
The petitioner is the biological father of the minor child,
born on 09.01.2020. The petitioner was actively involved in the
daily care and upbringing of the minor child, from birth until
August,2023. The first respondent and the minor child were
permanent residents of the UAE under the lawful sponsorship of
the petitioner. Thereafter, the first respondent removed the minor
child from UAE to India without the consent of the petitioner.
Thus, the petitioner’s access to the child was progressively
restricted and was limited only to video calls. By January 2024,
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even such limited video access was completely discontinued by the
first respondent, resulting in a total denial of communication,
evidenced by Ext.P3. Thus, the petitioner filed O.P.No.
3000157/2025 before the Family Court, Kunnamkulam on
22.02.2025 under Sections 7 and 25 of the Guardians and Wards
Act, 1890 seeking custody and protective reliefs. I.A. No. 2/2025
was filed seeking interim access and visitation rights, and the same
was allowed by the Family Court on 09.06.2025, the order is
produced as Ext.P4. Thereafter, I.A.No.10/2025 was filed before
the Family Court seeking weekend overnight custody and
expanded access. Thereafter, a CLAP lawyer was appointed by the
Family Court and a report was filed noting the attachment of the
child to the father and identifying behavioral elements requiring
attention. By Ext.P6 order dated 01.09.2025 in I.A.No.10/2025, the
family court granted structured weekend overnight custody along
with video call access to the petitioner. During the period of access
consequent to the order in I.A.No.10/2025, the petitioner observed
behavioural changes in the child, particularly signs of emotional
distress during transitions. On 28.09.2025, during weekend access,
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the minor child disclosed to the petitioner that he had been
punished for expressing attachment to his father and speaking
freely to the CSL lawyer. Thereafter, on 29.09.2025, the petitioner
lodged a complaint- Ext.P8 before the police expressing reasonable
apprehension regarding the safety and psychological well-being of
the minor child in the present custodial environment and seeking
preventive intervention. I.A.No.24/2025 (Ext.P9) was filed before
the family court seeking interim custody and an independent
psychological assessment of the minor child. Thereafter, from
04.10.2025 onwards, the first respondent did not produce the
minor child for weekend overnight custody and video call access
was blocked. Thereafter, the petitioner filed I.A.No.27/2025 before
the Family Court seeking enforcement of the order dated
01.09.2025 and production of the minor child. The said application
was dismissed on 23.10.2025 without restoration of the custody
implementation.
3. On 06.10.2025, the first respondent approached this
Court challenging the order dated 01.09.2025 granting overnight
custody in I.A.No.10/2025 and sought for stay of the said order.
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This Court disposed of I.A., directing the first respondent to pursue
appropriate remedies before the family court. Even thereafter,
several IAs, as well as Crl.MPs. were filed by the petitioner before
the family court seeking interim custody and before the JFCM-1 of
Kunnamkulam, against the FIR. In the meantime, an incident of
assault occurred during the custody exchange, in respect of which
an FIR was registered under the Bharatiya Nyaya Sanhita, 2023
and Section 75 of the Juvenile Justice Act. On 30.01.2026, the
Family Court dismissed I.A.Nos.24/2025, 33/2025, 37/2025,
40/2025 and all connected applications without directing
production of the minor child, without ordering an independent
psychological assessment and without ensuring enforcement of the
subsisting order dated 01.09.25. This writ petition is filed for the
immediate production of the minor child and also for the interim
custody of the child to the petitioner for a limited period of 14
days.
4. I have heard the petitioner, who appeared in person,
the learned counsel appearing for the first and second respondents
and the learned Government Pleader appearing for respondents 3
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to 6.
5. On 19.02.2026, when the case came up for hearing,
the respondents 1 and 2 appeared through counsel. The learned
counsel appearing for the petitioner submits that the order dated
30.01.2026 has been passed by the Family Court, Kunnamkulam,
permitting visitation rights for the petitioner-father and the
learned counsel for the first respondent submits that she is ready
and willing to produce the child as directed by the family court and
she is ready to comply with the order.
6. The said order dated 30.01.2026 has not been
produced by the petitioner in this case. The petitioner however
agreed before this court that there is a direction by the family
court on 30.01.2026 allowing visitation rights for the father to see
the minor child. The prayers in the writ petition are also for the
production of the minor child in order to assess the present welfare
and safety of the child and also seeking interim custody of the
minor child to the petitioner for a limited period of fourteen (14)
days.
7. When the matter came up for consideration today, it
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is submitted that the child was produced on 21.02.2026 as directed
by the Family Court. However, the petitioner was not satisfied with
the manner in which the order was complied with by the first
respondent. These are matters to be taken by the petitioner before
the Family Court, as the issues relating to interim custody and
visitation rights are currently pending consideration before the
Family Court, Kunnamkulam. If the petitioner is aggrieved by any
order passed by the Family Court, he can seek appropriate
remedies against such orders in accordance with law. At this stage,
this court does not find any reason to interfere with the aforesaid
disputes which are purely coming within the jurisdiction of the
family court.
Accordingly, the writ petition is dismissed.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
MBS/
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APPENDIX OF WP(C) NO. 5853 OF 2026
PETITIONER EXHIBITS
Exhibit P-01 TRUE COPY OF THE BIRTH CERTIFICATE.
Exhibit P-02 TRUE COPY OF THE AUTHENTICATED
POLICE CLEARANCE CERTIFICATEExhibit P-03 TRUE COPIES OF SCREEN SHOTS.
Exhibit P-04 TRUE COPY OF THE ORDER IN IA 02
DATED 09-06-2025Exhibit P-05 TRUE COPY OF THE CLAP/CSL report
Exhibit P-06 TRUE COPY OF THE ORDER IN IA 10-2025
DATED 01-09-2025Exhibit P-07 VIDEO RECORDING PRODUCED AS IN A
SEALED COVERExhibit P-08 TRUE COPY OF POLICE COMPLAINT
RECEIPT DATED 29-09-2025Exhibit P-09 TRUE COPY OF IA NO 24
Exhibit P-10 TRUE COPY OF THE WHATSAPP
COMMUNICATION DATED 08-11-2025 IS
PRODUCED AS EXHIBIT P-09Exhibit P-11 TRUE COPIES OF THE MEDICAL RECEIPT
AND PRESCRIPTIONExhibit P-12 TRUE COPIES OF THE RECEIPTS
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Exhibit P-13 CITIZEN COPY OF FIR NO.1450/2025
Exhibit P-14 TRUE COPIES OF IAS FILED IN
DECEMBER 2025
Exhibit P-15
TRUE COPY OF COMPLAINT DATED 12-01-
Exhibit P-16 26
CITIZEN COPY OF FIR NO.0167/2026
Exhibit P-17 TRUE COPY OF ANTICIPATORY BAIL
ORDER
