IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(Crl.).No. 417 of 2008(S) ---------------------------------- PETITIONER: ---------------- P.N.SUDHA, D/O.LATE P.N.MADHAVAN, LAKSHMI RAM NIVAS, NEAR JAGANATH HINDI COLLEGE, THIRUVANGAD, P.O.TEMPLE GATE, TELLICHERRY. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. SRI.MARY MATHEW RESPONDENTS: ------------------ 1. G.HARIDAS, S/O. GOPALAKRISHNAN, No.118, VRINDHALAYAM, SREEKRISHNA RAJA ROAD, CHOKKAM PUTHOOR, MAIN ROAD, COIMBATORE - 2. 2. AMMINI AMMA, W/O GOPALAKRISHNAN, VYSHAKHA HOUSE, P.O.PALIKULAM, KODUVAZHUNGA, ALUVA. 3. THE STATION HOUSE OFFICER, BINANIPURAM, PANAIKULAM, KODUVAZHUNGA, ALUVA. ADV. SRI. A. JAYASANKAR FOR R1 SRI. MANU GOVIND FOR R1 GOVERNMENT PLEADER SRI. NOBLE MATHEW. SMT. MAREENA JOSEPH, CONCILIATOR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl).No.417/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR BIRTH & DEATH, TRIVANDRUM DT. 9.2.2007. EXT. P2 : COPY OF THE PHOTOGRAPH OF THE CHILD NAMED HARITHA DAS. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp KURIAN JOSEPH & K.T. SANKARAN, JJ. ------------------------------------------ W.P.(Crl) No.417 OF 2008 ------------------------------------------ Dated this the 15th day of December, 2008. J U D G M E N T Kurian Joseph, J. This writ petition is filed praying for a direction to the first respondent to produce the child born to the first respondent in the petitioner. The child was produced and the petitioner-mother had occasion to interact with the child. We also had the assistance of Smt.Mareena Joseph as conciliator. This Court had also referred the parties to the Clinical Psychologist attached to the Specialists' Hospital, Ernakulam. According to the doctor, the parties require further follow up. 2. It is brought to our notice that the parties are already before the Family Court, Ernakulam in O.P.No.1717/2008. Registry is directed to forward the report of the Clinical Psychologist dated 03.12.2008 to Family Court, Ernakulam for further follow up as observed by the Clinical Psychologist in the report. W.P.(Crl)No.417/08 2 Since the child is now with the father, no further orders are necessary in this writ petition. It is hence closed. We also record the undertaking of the first respondent that he will produce the child in the Family Court on all posting dates so that the petitioner-mother will be in a position to interact with the child till a decision with regard to the custody is finally taken by the Family Court. KURIAN JOSEPH JUDGE K.T. SANKARAN JUDGE smp W.P.(Crl)No.417/08 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. W.P.(Crl)No.417 OF 2008 J U D G M E N T 15.12.2008