IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 OP (FC).No. 2264 of 2011(R) --------------------------- I.A.NO.4133/2011 AND I.A.NO. 4135/2011 IN OP.1175/2011 of FAMILY COURT,THRISSUR .................... PETITIONER -------------------- JINACHANDRAN, S/O.KARUNAKARAN, ANDEZHATH HOUSE, THALIKULAM, NATTIKA VILLAGE, CHAVAKAD TALUK, THRISSUR DT. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENT -------------------- JEEJA, D/O.GOPALAN, PUTHUR HOUSE, KALAMURI, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DT. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb OP (FC).No. 2264 of 2011 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE O.P.NO.1175/2011 DTD 18.7.2011 FILED BEFORE THE FAMILY COURT, THRISSUR EXT.P2:- COPY OF THE I.A.NO.4135/2011 SEEKING INTERIM CUSTODY OF MINOR FILED ALONGW ITH THE EXT.P1 EXT.P3:- COPY OF THE I.A.NO.4133/2011 SEEKING DIRECTION TO PRODUCE THE CHILD FIELD ALOGN WITH THE EXT.P1 EXT.P4:- COPY OF THE PROCEEDING RECORDED BY THE FAMILY COURT, THRISSUR UPON EXTS.P2 & P3 PETITIONS RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE dmb THOTTATHIL B. RADHAKRISHNAN & N.K.BALAKRISHNAN, JJ. ------------------------------------------------ O.P.(F.C) No.2264 of 2011 ------------------------------------ Dated this the 14th day of July 2011 J U D G M E N T Thottathil B. Radhakrishnan, J. Having regard to the nature of the directions being issued hereunder, notice to respondent dispensed with preserving her right to seek rehearing of this original petition, if aggrieved by this order. We have seen the allegations that the petitioner has against the respondent. The Family Court has very cautiously chosen to proceed on I.A.No.4135 of 2011 seeking interim custody rather than issue orders on I.A.No.4133 of 2011. Obviously, it was therefore that, on 21.6.2011, the Family Court ordered on I.A.No.4133/2011 that the said petition is closed for the present. This means that the petitioner can request the Family Court to act upon that application seeking police help if the action taken on I.A.No.4135/2011 becomes ineffective. The learned counsel for the petitioner says that O.P.(F.C) No.2264 of 2011 -: 2 :- even by 6.7.2011, the Process Server's report was that the respondent was not available in the last known address. Yet, we are inclined to think that it is for the Family Court to consider whether recourse to involvement of police should be called for to obtain the production of the child in question. The petitioner appears to be genuinely apprehensive about the whereabouts of the 2nd child, Kailas who was reportedly studying in the 7th class in Bharath Vidya Mandhir, Valappad. We, therefore order this original petition directing the petitioner to place a copy of this judgment before the Family Court and make appropriate submissions before that court on 20.7.2011 to which date the case now stands posted. THOTTATHIL B. RADHAKRISHNAN, JUDGE. N.K.BALAKRISHNAN, JUDGE. Jvt