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 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).No. 15347 of 2010(R) -------------------------- OP.575/2009 of FAMILY COURT,THRISSUR .................... PETITIONER: --------------- DR.P.L.MARY, AGED 53, D/O.LATE P.L.LONAPPAN, PANTHALLUKARAN HOUSE, THRISSUR, NOW RESIDING IN THE ADDRESS SREE MANAKULA VINAYAKAR MEDICAL COLLEGE, VILLUPURAM, PONDICHERY. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT: --------------- VINCENT CHIRAYATH, S/O.DEVASSYS CHIRAYATH, S.N.NAGAR, NEAR SURYA SAW MILL, KODANNUR.P.O. THRISSUR TALUK, THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(C) No.15347 of 2010 ********************* Dated this the 19th day of May, 2010 JUDGMENT Petitioner is the mother of a child, the custody of which child is in dispute. The respondent herein, the father of the child, filed an application for custody of the child. Interim direction was issued to the petitioner herein to produce the child. The petitioner raised an issue regarding maintainability of the very petition. Before that question was considered, the court below directed the petitioner herein, ie. the mother of the child, to produce the child. The child was not produced. Consequently a warrant against the petitioner has been issued by the Family Court to procure the presence of the child. It is at this juncture that the petitioner has rushed to this Court with this petition. The learned counsel for the petitioner contends that the course adopted by the Family Court of issuing a warrant to produce the child is unjustified, particularly when a question about maintainability is raised. 2. We have heard the learned counsel for the petitioner. The learned counsel for the petitioner in the course of W.P(C) No.15347 of 2010 2 discussions undertakes that the child shall be produced before the Family Court on or before 26.05.2010. After the child is produced, the court shall consider the rival contentions including the contention regarding the maintainability and only thereafter the custody of the petitioner shall be disturbed. We are satisfied, in these circumstances, that this Writ Petition can be disposed of straight away. 3. In the nature of the relief which we propose to grant in this Writ petition, we are satisfied that it is not necessary to wait for issue and return of notice to the respondent. 4. This Writ Petition is, in these circumstances, allowed in part with the specific direction that the warrant issued by the court below against the petitioner shall not be executed till 26.05.2010. On or before which day, the child must be produced before the Family Court by the petitioner with due prior notice to the counsel for the respondent. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/ W.P(C) No.15347 of 2010 3