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 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(Crl.).No. 360 of 2009(S) --------------------------- PETITIONER(S): --------------- AMBIKA.P , AGED 43 YEARS W/O.K.K.BABU, KALAYIL HOUSE ARAYANKAVU, KULAYATTIKKARA PO ERNAKULAM DISTRICTA. BY ADV. SMT.SALLY THOMAS CHACKO RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY CHIEF SECRETARY (HOME AFFAIRS) THIRUVANANTHAPURAM. 2. ASST.COMMISSIONER OF POLICE THRIPUNITHURA. 3. SUB INSPECTOR OF POLICE MULANTHURUTHI 4. K.K.BABU, AGED 44 YEARS S/O.KUTTAN, KALAYIL HOUSE, ARAYANKAVU, KULAYATTIKKARA PO ERNAKULAM DISTRICT, NOW RESIDING PUTHUNPURAYIL VELLOOR. 5. SUNIL KUMAR @ MANI S/O.OMANA, PUTHENPURAYIL , VELLOOR. ADV. SRI.ABRAHAM P.GEORGE FOR R4,5 GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.360 of 2009 ---------------------------------------- Dated this the 30th day of October 2009 J U D G M E N T Basant,J This judgment must be read in continuation of the earlier orders passed by us resting with the order dated 30/09/2009. The petitioner is the mother of two children who, she alleges, have been illegally detained and confined by respondents 4 and 5. 4th respondent is the father of the children and 5th respondent is a relative of the 4th respondent. Notice was issued. The 4th respondent had appeared before this court with the children. On the submission of the parties that a harmonious settlement may be possible, parties were referred to a mediator. The mediator today represents before court that the 4th respondent did not co- operate and did not appear before the doctor for counselling. He appeared once earlier; but did not co-operate later. In these circumstances, the mediator reports that a harmonious settlement does not appear to be possible. 2. The learned counsel for the petitioner submits that already petitioner has taken steps before the Family Court to get W.P.Crl No.360/09 2 herself appointed as the guardian and for custody of the children. That petition O.P.No.1535/09 stands posted before the Family Court, Ernakulam tomorrow (31/10/2009) for production of the children. The learned counsel for the petitioner, in these circumstances, submits that appropriate orders may be passed. 3. We are satisfied that the real dispute between the parties is about the custody of the two children and the interests of justice will be served ideally by directing the 4th respondent to produce the children before the Family Court on 31/10/2009. The Family Court shall pass appropriate orders emergently regarding the custody/interim custody of the children. The learned counsel for the 4th respondent submits that the 4th respondent shall produce the children before the Family Court on 31/10/2009. But the 4th respondent is not present before this court today and the children have not been produced. 4. In these circumstances, we direct the 4th respondent to produce both the children before the Family Court on 31/10/2009 in O.P.No.1535/2009. We direct the Family Court to pass expeditious orders regarding the custody/interim custody of the children. W.P.Crl No.360/09 3 5. Call this petition again on 06/11/2009 for confirmation that the 4th respondent has produced the children before the Family Court on 31/10/2009. 6. Hand over copy of this order to the learned counsel for the petitioner who shall produce the same immediately before the Family Court. By 06/11/2009, the Family Court shall inform this court the action taken by the Family Court in O.P.No.1535/2009. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.Crl No.360/09 4 W.P.Crl No.360/09 5 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009