IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 17813 of 2010(R) -------------------------- OP.83/2010 of FAMILY COURT, KASARAGOD .................... PETITIONER : RESPONDENT ------------------------- GULAM ABDUL NISAR, S/O.GULAM MOIDEEN, RESIDING AT FATHIMA MAHAL, PADAKODI HOUSE, KULUR, KULUR POST, MANGALORE-13, KARNATAKA. BY ADV. SMT.PRABHA R.MENON SRI.M.KRISHNAKUMAR RESPONDENT : PETITIONER ------------------------- MEHARUNNISA P.M., D/O.POONA MUHAMMED HAJI, RESIDING AT CHRISTHIYA MANZIL, PERINGADY, MANGALAPADY P.O., UPPAK, KASARAGOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(C) No.17813 of 2010 ********************* Dated this the 9th day of June, 2010 JUDGMENT BASANT, J. Against the petitioner, proceedings have been initiated before the Family Court, Kasaragod as O.P.No.83 of 2010 by his wife. He was directed to produce the child before the Family Court. He evidently did not produce the child. Consequently a warrant of arrest has been issued against the petitioner obliging the production of the child before the Family Court on 16.06.2010. 2. At this juncture, the petitioner has come to this Court with this petition. According to him, it was totally unnecessary to issue any non bailable warrant. The learned counsel for the petitioner in response to a specific query by this Court undertakes that the petitioner shall produce the child before the Family Court on 16.06.2010. We accept that submission and we direct that the warrant issued against the W.P(C) No.17813 of 2010 2 petitioner to cause the production of the child before the Family Court on 16.06.2010 shall not be executed till that date. We make it clear that it is accepting the undertaking of the petitioner that the child shall be produced before the Family Court on 16.06.2010 that we issue this direction. 3. It shall be open to the petitioner to raise all his relevant contentions before the Family Court. When the child is produced before the Family Court on 16.06.2010, appropriate further directions can be passed by the Family Court. Needless to say, the parties can be referred to the Lok Adalat for mediation if the Family Court is persuaded to do so. We do not feel that it is necessary for us to issue any specific directions on that aspect. 4. The counsel submits that a bail application was filed by the petitioner before this Court and a reference is made by that Court for mediation to the Lok Adalat. We are not persuaded to issue any directions on that aspect. If the parties choose to get the matter settled at the Lok Adalat here, that course is also open to the parties. 5. This Writ Petition is accordingly allowed in part to the above limited extent. The Family Court shall report to this Court W.P(C) No.17813 of 2010 3 whether on 16.06.2010 the undertaking by the petitioner has been complied with or not. If not, prompt and appropriate further action shall immediately be taken by the Family Court. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/