IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(Crl.).No. 461 of 2011(S) --------------------------- PETITIONER(S): --------------- MEERA S., AGED 28 YEARS, D/O.MONI, CHOONDAYIL VEEDU, KOTTA, KARAIKAADU, CHENGANOOR. BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001. 2. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA-689645. 3. THE CIRCLE INSPECTOR OF POLICE, KOZHANCHERI-689654. 4. THE SUB INSPECTOR OF POLICE, ARANMULA-689533. 5. RATHEESH V., S/O.VIJAYAN, RATHEESH BHAVAN, PUNNACADU, RUSSELPURAM P.O., ATHIYANOOR VILLAGE, THIRUVANANTHAPURAM-695501. 6. RATHI V., W/O.UDAYABHANU, PANAVILA, THIRUVANANTHAPURAM-695014. BY G.P.SRI.P.P.PADMALAYAN FOR R1 TO R4 ADV. SRI.MOHAN JACOB GEORGE FOR R5,6 SMT.P.V.PARVATHI FOR R5,6 SMT.REENA THOMAS FOR R5,6 SRI.L.RAM MOHAN FOR R5,6 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 461 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE JUDGMENT IN O.P.NO.753 OF 2007 OF FAMILY COURT, THIRUVANANTHAPURAM. EXT.P2: TRUE COPY OF THE F.I.R. IN CRIME NO.763 OF 2011 OF ARANMULA POLICE STATION. TKS // TRUE COPY // P.S. TO JUDGE THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(Crl.)No.461 of 2011 ---------------------------------------- Dated this the 18th day of October, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner and the 5th respondent married. They have a daughter Devu, which is now six years old. The couple separated with a decree of divorce on consent. In terms of Ext.P1, there was some arrangement by the parties regarding the custody of the child. But, there are some allegations and counter allegations as to the working out of those matters. Ultimately, as of now, the petitioner married another person. The child, however it be, is now with the father. While allegations are thrown against each other as to how the custody went to the father, our prime concern now is neither the petitioner nor the 5th respondent, but the child. We see that she is now with the father. Father says that the child is sick. We have been shown the photostat of a medical report which shows some material for concern, having regard to the counts of platelets, ESR count, WBC count etc. In the fitness of things, we are not inclined to take the view that the child should be forced to come down to Kochi. We, therefore, order that the father (5th respondent) will produce the child before the Judge of the Family Court, WP(Crl).No.461/2011 2 Thiruvananthapuram by 1 p.m. on 25.10.2011, unless that becomes impossible due to any exceptional circumstance touching the health of the child. We are told that O.P.(G&W)No.1156 of 2011 instituted by the 5th respondent is pending before that court. The petitioner will therefore, mark appearance in those proceedings. We are told that there is an application pending in that matter for interim custody. We leave it to the learned Judge of the Family Court to decide on all matters which are relevant, having regard to the paramount interest of the child. This writ petition is closed. Accordingly, Office will communicate a copy of this judgment to the Family Court, Thiruvananthapuram forthwith. Issue copy to both sides. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/18.10.11