IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 183 of 2010(S)
1. VINCENT CHRISTOPHER,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR GENERAL OF POLICE,
3. THE COMMISSIONER OF POLICE,
4. THE CIRCLE INSPECTOR OF POLICE,
5. ROSU, AGED 41 YEARS,
6. SARAMMA, AGED ABOUT 63 YEARS,
7. TREESA SABU VARGHESE,
8. SABU VARGHESE, AGED ABOUT 39 YEARS,
For Petitioner :SRI.R.ANIL
For Respondent :SRI.G.SUDHEER
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :13/07/2010
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P.(Crl) No.183 of 2010
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Dated this the 13th day of July 2010
J U D G M E N T
Basant,J
This judgment must be read in continuation of the earlier
orders passed resting with the order dated 01/06/2010.
2. The petitioner has come to this Court complaining
that two minor children of his, aged 11 years and 6 years, have
been illegally detained by the 5th respondent, the mother of the
children and the 6th respondent, the maternal grandmother of
the children. According to the petitioner, O.P.No.978/2005 was
filed by him before the Family Court for getting permanent
custody of the minor children. Interim orders were passed by
the Family Court and such interim orders obliged the 5th
respondent to produce the children before the Family Court to
facilitate interaction/exercise of visitorial rights by the petitioner
in respect of those two children. The petitioner came to this
Court with this petition on 19/5/2010 complaining that the
children were illegally removed and their whereabouts are not
revealed to him. Consequently, he is unable to exercise his
visitorial rights conceded to him vide interim order passed in
W.P.(Crl)No.183/2010 :2 :
O.P.978/2005. He complained that his wife, the 5th respondent,
was remaining ex parte in the O.P and had removed the children
in illegal custody to some unspecified place.
3. Notice was ordered to the respondents. Respondents
6,7 and 8 have entered appearance. An affidavit has been filed
by the 7th respondent. The learned counsel for respondents 6,7
and 8 submits that they have no clue about the whereabouts of
the children. The children are in the custody of their mother, the
5th respondent, it is submitted.
4. The 5th respondent has today entered appearance.
She has come to this Court with both children. A counsel has
entered appearance on her behalf. The learned counsel submits
that there was no wilful disobedience of the interim directions of
the Family Court regarding visitorial rights. In the interest of
the welfare of the children, the children were shifted from the
school which they earlier attended, to a Boarding School at
Kundara, Kollam. The children are happily accommodated at the
said hostel and they are not under any illegal confinement or
detention. The learned counsel for the 5th respondent submits
that the 5th respondent is willing to produce the children before
the Family Court on any date to be fixed by this Court. The
W.P.(Crl)No.183/2010 :3 :
Family Court may be directed to pass appropriate further orders.
The 5th respondent has a case that the petitioner is not really
interested in exercising visitorial rights in respect of the children
and the present proceedings has been initiated vexatiously by
him.
5. The dispute essentially is one between spouses
regarding custody/visitorial rights of their minor children. We
take note that the 5th respondent has entered appearance before
Court today with the two minor children. We are satisfied that it
is not necessary to continue with the proceedings in this writ
petition. We are satisfied that the Family Court,
Thiruvananthapuram can be directed to issue appropriate
further directions regarding interim custody/visitorial rights of
the spouses in respect of the children. Both sides agree to that
course of action.
6. In the result,
a) This writ petition is allowed in part.
b) The 5th respondent, who has appeared before Court
today with the two minor children, is directed to produce the
children before the Family Court, Thiruvananthapuram on
Saturday, the 17th July 2010 at 11 a.m.
W.P.(Crl)No.183/2010 :4 :
c) Before the Family Court, the petitioner and the 5th
respondent shall be at liberty to make appropriate submissions
and the Family Court shall issue appropriate further directions
regarding interim custody/visitorial rights of the spouses in
respect of the children.
7. We accept the undertaking of the 5th respondent that
the children shall not be taken outside Kerala before 17/7/2010
and without specific directions of the Family Court to that effect.
8. The learned counsel for the 5th respondent prays, the
learned counsel for the petitioner accepts and it is directed that
custody of the children with the 5th respondent shall not, in any
way, be disturbed by the petitioner until further orders are
issued by the Family Court.
9. Call this petition again on 20/7/2010 for report
regarding compliance of the above directions.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr
W.P.(Crl)No.183/2010 :5 :
W.P.(Crl)No.183/2010 :6 :
W.P.(Crl)No.183/2010 :7 :
R.BASANT & M.C.HARI RANI, JJ.
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W.P.(Crl) No.183 of 2010
—————————————-
Dated this the 27th day of May 2010
O R D E R
Basant,J
The petitioner is the father of two minor children aged 11
years and 6 years. Proceedings are pending before the Family
Court regarding custody of the children. There have been
interim directions which the 5th respondent is bound to comply
with. It is the grievance of the petitioner that these directions
have not been complied with. It is his further grievance that the
5th respondent has remained ex parte in the proceedings before
the Family Court from 30/03/2010. Thereafter, the whereabouts
of the children are not known. The Family Court has set the 5th
respondent ex parte and is proceeding to dispose of the O.P. The
grievance of the petitioner is that the children are about to be
taken out of the jurisdiction of this court. They are being
illegally detained and confined to frustrate the decree which may
be passed against him.
W.P.(Crl)No.183/2010 :8 :
2. This writ petition is admitted. Notice given and the
learned Government Pleader appears for respondents 1 to 3.
Issue emergent notice to respondents 4 to 8. The learned
counsel for the petitioner prays and is accordingly permitted to
take out notice to respondents 4 to 8 by special messenger. Call
on 01/06/2010 .
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr
W.P.(Crl)No.183/2010 :9 :
W.P.(Crl)No.183/2010 :10 :
R.BASANT & M.C.HARI RANI, JJ.
.No. of 200
ORDER/JUDGMENT
29/07/2009