IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(Crl.).No. 352 of 2010(S) --------------------------- PETITIONER: --------------- SAMIYA SHEHNAZ, D/O. IMBICHI KOYA THANGAL, AGED 27 YEARS, KOZIPURATH KALLINGAL, EDAKKAZHIYOOR.P.O., CHAVAKKAD VAZHI, THRISSUR-680515. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD. 2. THE CIRCLE INSPECTOR OF POLICE, SHORNUR. 3. THE SUB INSPECTOR OF POLICE, SHORNUR. 4. NAUSHAD, AGED 34 YEARS, S/O. HAMZA, PALAKKAPARAMBIL, CHOLAKKULAM,SHORNUR.P.O., PALAKKAD-679121. GOVERNMENT PLEADER, SRI. MOHAMMED ANZAR K.J. ADV. SRI.PULIKKOOL ABUBACKER FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No. 352 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of September, 2010. JUDGMENT Basant J., Both parties are present. We are informed that as per the order of the learned Magistrate in the proceedings under the Domestic Violence Act, custody of both the children has been given to the petitioner/ wife. In these circumstances, no further orders are necessary in this Writ Petition, submit both counsel. 2. Learned counsel for the petitioner submits that the passport of the child is available with the 4th respondent. But the 4th respondent submits that the passport is not available with him and the same has been handed over to the police. The learned Government Pleader undertakes that the needful shall be done to hand over the passport to the person, who is in the custody of the child, i.e., the petitioner herein. We record that submission. W.P.(Crl.) No. 352 of 2010 2 3. This Writ Petition, in these circumstances, has been dismissed without prejudice to the right of the fourth respondent to challenge the order passed by the learned Magistrate under the provisions of the Domestic Violence Act. R. BASANT, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/