IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, 30TH JUNE 2010/9TH ASHADHA 1932 WP(Crl.).No. 188 of 2010(S) --------------------------- PETITIONER: --------------- SMITHA A NAIR, D/O.M.R.ARJUNANKUTTY NAIR, CHERUVELIL HOUSE, KAILASANADU, MAILADUMPARA, UDUMBANCHOLA, IDUKKI DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.M.T.SHEEBA SRI.P.A.RAJESH RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 2. THE SUB INSPECTOR OF POLICE, KARUVARAKUNDU POLICE STATION, MALAPPURAM DISTRICT. 3. SANTHOSHKUMAR.M.R, S/O.LATE RAGHAVAN NAIR, MENAMPURATH KIZHAKKETHIL HOUSE, THUVVUR, MALAPPURAM DISTRICT. BY GOVT. PLEADER SRI K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/6/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL) NO. 188 OF 2010 ============================ DATED THIS THE 30TH DAY OF JUNE 2010 JUDGMENT Basant,J. Report of the Family Court is received. The counsel for the petitioner submits that in the light of the orders passed by the Family Court subsequent to the filing of this writ petition, the petitioner does not want to seek any further relief in this writ petition. This writ petition is dismissed as not pressed. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. WPCRL. 188/2010 -2- R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL)NO. 188 OF 2010 ============================ DATED THIS THE 7TH DAY OF JUNE 2010 ORDER Basant,J. The crux of the grievance of the petitioner is that Ext.P1 order is not being complied with. During the preceding vacations, i.e. Onam, Christmams and summer vacations, the child has not been handed over to the custody of the petitioner- mother despite Ext.P1 order. The petitioner had gone to the Family Court with Ext.P4 application, i.e. I.A.No.1010/2010. But no effective orders have been passed in that application. Virtually, therefore, the mother has been deprived of the custody WPCRL. 188/2010 -3- of the child during the summer vacation 2010 also, points out the learned counsel for the petitioner. 2. We are satisfied that the Family Court must pass appropriate orders in I.A.No.1010/2010. Has there been any contumacious lapse on the part of the husband in complying with Ext.P1 order during Onam, Christmas and summer vacations? If there has been such contumacious lapse, certainly the Family Court will have to pass appropriate further orders in the interest of justice. We have no reason to assume that the Family Court shall not pass appropriate and effective orders. The learned counsel for the petitioner submits that because of the pendency of this writ petition, the Family Court appears to be reluctant to pass orders. We make it clear that it is incumbent on the Family Court to pass appropriate orders in I.A.No.1010/2010. The petitioner can seek appropriate further reliefs also. It is further submitted that the child is not even being produced before the Family Court during the hearing in I.A.No.1010/2010. This again is a matter which the petitioner must bring to the notice of the Family Court. We have no reason to assume that the Family Court shall not pass appropriate orders in I.A.No.1010/2010. Why is the mother not WPCRL. 188/2010 -4- permitted to have access to the child at least in the court premises? We need only mention that we expect the Family court to pass appropriate orders in I.A.No.1010/2010 as expeditiously as possible. If there has been contumacious lapse in complying with Ext.P1 order, needless to say, the Family court can consider passing appropriate further orders in the interest of justice. 3. Call this petition again on 30/6/2010. In the meantime, we expect the Family Court to dispose of I.A.No.1010/2010. The Family Court shall report to this Court what has transpired in I.A.No.1010/2010. A detailed report about the steps taken and the orders passed by the Family Court must reach this Court by 30/6/2010. 4. The Registry shall communicate this direction forthwith to the Family Court. 5. Hand over a copy of this order to the counsel for the petitioner for immediate production before the Family Court. R. BASANT, JUDGE WPCRL. 188/2010 -5- M.C. HARI RANI,JUDGE ks.