IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 188 of 2010(S)
1. SMITHA A NAIR, D/O.M.R.ARJUNANKUTTY
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. SANTHOSHKUMAR.M.R,
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :26/05/2010
O R D E R
R.BASANT & M.C. HARI RANI,JJ
==============================
W.P.(CRL) NO. 188 OF 2010
============================
DATED THIS THE 30TH DAY OF JUNE 2010
JUDGMENT
Basant,J.
Report of the Family Court is received. The counsel for the
petitioner submits that in the light of the orders passed by the
Family Court subsequent to the filing of this writ petition, the
petitioner does not want to seek any further relief in this writ
petition. This writ petition is dismissed as not pressed.
R. BASANT, JUDGE
M.C. HARI RANI,JUDGE
ks.
WPCRL. 188/2010 -2-
R.BASANT & M.C. HARI RANI,JJ
==============================
W.P.(CRL)NO. 188 OF 2010
============================
DATED THIS THE 7TH DAY OF JUNE 2010
ORDER
Basant,J.
The crux of the grievance of the petitioner is that Ext.P1
order is not being complied with. During the preceding
vacations, i.e. Onam, Christmams and summer vacations, the
child has not been handed over to the custody of the petitioner-
mother despite Ext.P1 order. The petitioner had gone to the
Family Court with Ext.P4 application, i.e. I.A.No.1010/2010. But
no effective orders have been passed in that application.
Virtually, therefore, the mother has been deprived of the custody
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of the child during the summer vacation 2010 also, points out the
learned counsel for the petitioner.
2. We are satisfied that the Family Court must pass
appropriate orders in I.A.No.1010/2010. Has there been any
contumacious lapse on the part of the husband in complying
with Ext.P1 order during Onam, Christmas and summer
vacations? If there has been such contumacious lapse, certainly
the Family Court will have to pass appropriate further orders in
the interest of justice. We have no reason to assume that the
Family Court shall not pass appropriate and effective orders.
The learned counsel for the petitioner submits that because of
the pendency of this writ petition, the Family Court appears to
be reluctant to pass orders. We make it clear that it is
incumbent on the Family Court to pass appropriate orders in
I.A.No.1010/2010. The petitioner can seek appropriate further
reliefs also. It is further submitted that the child is not even
being produced before the Family Court during the hearing in
I.A.No.1010/2010. This again is a matter which the petitioner
must bring to the notice of the Family Court. We have no
reason to assume that the Family Court shall not pass
appropriate orders in I.A.No.1010/2010. Why is the mother not
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permitted to have access to the child at least in the court
premises? We need only mention that we expect the Family
court to pass appropriate orders in I.A.No.1010/2010 as
expeditiously as possible. If there has been contumacious lapse
in complying with Ext.P1 order, needless to say, the Family
court can consider passing appropriate further orders in the
interest of justice.
3. Call this petition again on 30/6/2010. In the meantime,
we expect the Family Court to dispose of I.A.No.1010/2010. The
Family Court shall report to this Court what has transpired in
I.A.No.1010/2010. A detailed report about the steps taken and
the orders passed by the Family Court must reach this Court by
30/6/2010.
4. The Registry shall communicate this direction forthwith
to the Family Court.
5. Hand over a copy of this order to the counsel for the
petitioner for immediate production before the Family Court.
R. BASANT, JUDGE
WPCRL. 188/2010 -5-
M.C. HARI RANI,JUDGE
ks.