IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(Crl.).No. 180 of 2010(S) --------------------------- PETITIONER: --------------- VIJAYAKUMARI AGED 24 YEARS, D/O.LEENA BAI ALUMMOODU VEEDU, KEEZHATTUNGAL POST, ATTINGAL, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.J.JAYAKUMAR RESPONDENTS: --------------- 1. SHYLAJA, D/O.SATHYABHAMA AGED 45 EYARS, RESIDING AT VAYALTHITTA VEEDU,KADAIKKAVOOR, THIRUVANANTHAPURAM DISTRICT. 2. SATHYAN, AGED 50 YEARS VAYALTHITTA VEEDU,KADAIKKAVOOR, THIRUVANANTHAPURAM DISTRICT. 3. SUNILKUMAR, AGED 42 YEARS S/O.SATHYABHAMA VAYALTHITTA VEEDU,KADAIKKAVOOR, THIRUVANANTHAPURAM DISTRICT. 4. SHINE, AGED 38 YEARS S/O.SATHYABHAMA VAYALTHITTA VEEDU,KADAIKKAVOOR THIRUVANANTHAPURAM DISTRICT. 5. SATHYABHAMA, AGED 80 YEARS VAYALTHITTA VEEDU,KADAIKKAVOOR THIRUVANANTHAPURAM DISTRICT. 6. THE DEPUTY SUPERINTENDENT OF POLICE ATTINGAL. 7. THE SUB INSPECTOR OF POLICE KDAKKAVVOR POLICE STATION, THIRUVANANTHAPURAM. ADV. SRI.M.R.RAJESH FOR R1-3,5 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2010 ALONG WITH W.P(C) NO.14531 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.180 of 2010 & W.P(C) No.14531 of 2010 ********************* Dated this the 26th day of May, 2010 COMMON JUDGMENT The controversy in these Writ Petitions is about the custody of a child. The child is aged one year only. Vijayalakhsmi, the respondent in W.P(C) No.14531 of 2010 and the petitioner in W.P(Crl) No.180 of 2010, is the mother of the child. Shylaja, the petitioner in W.P(C) No.14531 of 2010 and the 1st respondent in W.P(Crl) No.180 of 2010, is the sister in law, ie. the sister of the father of the child. The 4th respondent in W.P(Crl.) No.180 of 2010 is the father of the child. The father of the child is employed abroad. The child is now in the custody of Shylaja, paternal aunt of the child. O.P Nos.359 of 2010 and 1328 of 2009 are pending before the Family Court, Nedumangad in respect of the custody of the child. Various interim orders have been passed. There have been applications for review of the orders and review of the reviewed orders. 2. We have heard both sides. We are satisfied that these Writ Petitions can now be disposed of by issuing specific directions regarding the custody of the child. Accordingly these W.P(Crl.) No.180 of 2010 & W.P(C) No.14531 of 2010 2 Writ Petitions are allowed and the following directions are issued, which shall remain in force in supersession of all the earlier directions on the subject. i) Shyalaja, the paternal aunt of the child shall produce the child before the Family Court at 10 a.m on 07.06.2010. On all Mondays and Fridays until further orders, the child shall be handed over to its mother at 10 a.m and shall be returned by the mother to the paternal aunt at 5 p.m. This shall be done under the direct supervision of the Family Court, which shall ensure that these directions are carried out. ii) The child shall not be taken out of the premises of the Family Court; iii) Whenever the mother of the child goes to the court for getting custody of the child in execution of the above directions, her mother Leenabhai shall also be present along with the mother of the child; iv) The learned Judge of the Family Court shall dispose of O.P Nos.359 of 2010 and 1328 of 2009 jointly as expeditiously as possible - at any rate, within a period of 4 months from 07.06.2010; W.P(Crl.) No.180 of 2010 & W.P(C) No.14531 of 2010 3 v) It is reported that the father of the child is not available in India. Personal presence of the father of the child need be insisted by the Family Court only if it is absolutely essential for making further progress in the trial of the cases; vi) It is made clear that the Family Court shall consider all contentions raised by the parties in the O.Ps in accordance with law. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/