IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 OP (FC).No. 1420 of 2011(R) ------------------------------------- OP.1973/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER (S): ----------------------- RAJAN.T.G., AGED 35 YEARS, S/O. T.S.GANGADHARAN, VTH FLOOR FLAT, STAR HOMES, NEAR TRANSPORT BUS STAND,ERNAKULAM. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): ------------------------ NEELIMA RANIKAR, AGED 43 YEARS, SI/FSN,GC,CRPF HOSPITAL, DURGAPUR, WEST BENGAL PIN-712310, NOW RESIDING AT SI/FSN NEELIMA RANIKAR GC CRPF HOSPITAL, SINDRI, DHANBAD, JHARKHAND-828122. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ O.P.(FC) No.1420 of 2011-R ---------------------------------------------- Dated, this the 7th day of April, 2011 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following relief: “to issue an order or direction commanding the respondent to produce the child before this Hon'ble Court forthwith and to handover the same to the petitioner.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is the father of the child by name Vishnu. Respondent is the wife of the petitioner. She filed Original Petition before the Family Court, Ernakulam seeking permanent custody of the child which was dismissed by the Family Court. However, as per the direction of the Family Court, petitioner gave custody of the child during Christmas vacation ie on 25.12.2010. The respondent was to return the child on 29.12.2010, but the child was not returned. Petitioner filed application before the Family Court for getting back the child. The Family Court directed the respondent to produce the child only on 26.4.2011. It is further stated that the child is frequently calling the petitioner and told that respondent is harassing the child and it is unbearable and if the OPFC 1420/2011 -2- petitioner cannot save him, he will went away from the custody of the respondent or even commit suicide. 3. We heard the learned counsel for the petitioner. We notice that the petitioner has already invoked the jurisdiction of the Family Court, Ernakulam which has ordered production of the child on 26.4.2011. As things stand we see no reason to interfere in the matter. Without prejudice to the right of the petitioner to pursue with the remedy, the writ petition is closed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS