IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(Crl.).No. 261 of 2010(S) --------------------------- PETITIONER(S): --------------- RAJITHA MOL, AGED 24 YEARS, D/O. LATE RAMANAN, KAMBIYAKATHU HOUSE, CHARAMANGALAM MURI, THANNEERMUKKAM SOUTH VILLAGE, CHERTHALA TALUK. BY ADV. SMT.C.G.BINDU SMT.C.G.AJITHA SMT.K.J.SHINY RESPONDENT(S): --------------- 1. DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT, ALAPPUZHA. 2. SUB INSPECTOR OF POLICE, KAREELAKULANGARA POLICE STATION, KAREELAKULANGARA. 3. SUB INSPECTOR OF POLICE, MUHAMMA POLICE STATION. 4. RAJEEV, AGED 23 YEARS, S/O. LATE SOMARAJAN, VELUTHARA HOUSE, PATHIYOOR VILLAGE AND POST, KARTHIKAPPALLY TALUK.688387 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl) No.261 of 2010 ---------------------------------------- Dated this the 2nd day of July 2010 J U D G M E N T Basant,J This judgment must be read in continuation of our earlier order dated 30/6/2010. 2. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce her nine months old son, by name Yadukrishnan, (date of birth : 19/09/2009), who allegedly was illegally taken away from her by the father of the child, that is her husband, the 4th respondent on 23/6/2010. 3. This petition was presented on 29/6/2010. It was admitted on 306/2010. Notice was ordered to the respondent to appear before this Court today. 4. When the case is called today, the petitioner is present. She is represented by a counsel. The 4th respondent is present. He has brought the child along with him. 5. At 10.15 a.m, when the case was called, the child was directed to be handed over to the petitioner. The petitioner was permitted to keep the child for the whole day. At 6.15 p.m when we later interacted with the parties, the 4th respondent submits W.P.(Crl) No.261/2010 : 2 : that he had no intention of taking away the child. He had taken the child on 23/6/2010 to show the child to his ailing mother. But before he could return the child, complaints were made by the petitioner, complicated the situation and he could not return the child peacefully to the petitioner. He has no objection to return the child to the petitioner today. 6. The learned counsel for the petitioner submits that G.O.P.No.671/2010 has been filed before the Family Court, Alappuzha along with I.A.No.1719/2010 for interim custody of the child and the same is pending before the Family Court, Alappuzha. The matter will come up for hearing before that Court on 06/07/2010, it is submitted. 7. We do not think it necessary for us to enter any final or authentic decision about the custody of the child. G.O.P.No.671/2010 and I.A.No.1719/2010 having already been filed before the Family Court and they having been posted to 06/07/2010, we are satisfied that appropriate directions can be issued: 8. In the result, a) This writ petition is allowed in part. b) The child of the petitioner and the 4th respondent, Yadukrishnan by name, is handed over to the custody of the W.P.(Crl) No.261/2010 : 3 : petitioner with specific directions to the petitioner to produce the child before the Family Court, Alappuzha on 06/07/2010 and seek appropriate further directions regarding the custody of the child. c) The 4th respondent shall also be entitled to appear before the Family Court and make appropriate submissions. d) The Family Court must, at the earliest, issue directions regarding interim custody of the child. Such directions must be issued prior to 15/7/2010. 9. Call this petition again on 19/7/2010 for report regarding compliance of these directions. We feel that the Family Court must make every endeavour to attempt to resolve the disputes between the petitioner and the 4th respondent by conciliation/counselling/mediation. 10. Hand over copy of this judgment to the learned counsel for the petitioner. A copy of this judgment shall be forwarded to the Family Court forthwith. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.(Crl) No.261/2010 : 4 : W.P.(Crl) No.261/2010 : 5 : W.P.(Crl) No.261/2010 : 6 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009