IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 31442 of 2008(S) -------------------------- OP.995/2008 of FAMILY COURT, KOTTAYAM .................... PETITIONER(S): --------------- 1. ANJU SARA VARKEY, PERUNTHEKKARY HOUSE, ERAYILAKADAVU, MUTTAMBALAM, KOTTAYAM, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, VARKEY MATHEW. 2. VARKEY MATHEW, PERUNTHEKKARY HOUSE, ERAYILAKADAVU, MUTTAMBALAM, KOTTAYAM. BY ADVS. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT(S): --------------- LALIT RAJU PLATHOTTAM, PLATHOTTAM HOUSE, PAIVALLY BHAGOM, OMALLOOR P.O., PATHANAMTHITTA. ADV. SRI.VARGHESE C.KURIAKOSE FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: Ext.P1: True copy of order dated 26.6.2008 in OI.P.(Divorce) No.620/2008 passed by the Family Court, Kottayam. Ext.P2: True copy pf Compromise Petition in O.P.No.492/2008 filed before the Family Court, Kottayam. Ext.P3: True copy of decree dated 18.6.2008 in O.P. No.492/2008 of the Family Court, Kottayam. Ext.P4: True copy of O.P.(G&W)No.995/2008 filed by the respondent before the Family Court, Kottayam. Ext.P5: True copy of application for custody of child filed by the respondent before the Family Court, Kottayam. Ext.P6: True copy of notice issued by the Family Court, Kottayam to produce the child before the Family Court, Kottayam. RESPONDENT'S EXHIBITS: NIL. P.R. RAMAN & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- W.P.(C) NO.31442 OF 2008 --------------------------------------------------------- Dated this the 28th day of January, 2009 JUDGMENT Raman J. The challenge in this Writ Petition is against the interim order passed by the Family Court , Kottayam directing the first respondent to produce the minor child before the said court. 2. The apprehension of the petitioners is that the moment the child is produced before the court, the child may be handed over to the father - the respondent herein. Notice was ordered and interim stay was granted. The respondent entered appearance. He has filed an affidavit before this Court stating that the first petitioner herein who is the mother of the child is getting remarried tomorrow. Placing reliance on a clause in the compromise petition, he submits that whoever marries first will be disentitled to continue to have custody of the minor child. However, we are not expressing any opinion regarding the merits of the contentions raised. We feel that in the factual situation when a Guardians and Wards W.P.(C)NO.31442/2008 2 Original Petition is filed and the Family Court merely directs the petitioner to produce the child, it is not proper to interdict further proceedings rather leave the matter to be decided by the Family Court after hearing both sides. In the circumstances, we vacate the interim order directing to produce the child before the Family Court. We also restrain the first petitioner from taking away the child from the jurisdiction of the Family Court, Kottayam. The first petitioner shall also surrender her Passport before the Family Court, Kottayam on the date of appearance unless the custody of the child is given to her. The Writ Petition is disposed of as above. (P.R. RAMAN) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO.31442/2008 3 P.R. RAMAN & C.T. RAVIKUMAR, JJ. W.P.(C)NO.31442/2008 JUDGMENT 28th January, 2009 W.P.(C)NO.31442/2008 4