IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(Crl.).No. 536 of 2011(S) --------------------------- PETITIONER(S): --------------- SANITHA K.M., AGED 27 YEARS, W/O. BINU, KALLARAKKAL HOUSE, THEKKAN PARUR, UDAYAMPEROOR, ERNAKULAM DISTRICT, NOW RESIDING AT KOOMBEL(H), CHEMPU P.O., VAIKOM, KOTTAYAM. BY ADV. SMT.LISY T.SKARIA RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, UDAYAMPEROOR POLICE STATION, THEKKAN PARUR P.O., UDAYAMPEROOR, ERNAKULAM-682 307. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695 001. 3. BINU, AGED 37 YEARS, S/O. LATE DASAN, RESIDING AT KALLARAKKAL HOUSE, MANAKKUNNAM VILLAGE, THEKKAN PARUR P.O., UDAYAMPEROOR PANCHAYAT, ERNAKULAM DISTRICT-682 307. 4. AMMINI, AGED 60 YEARS, W/O, LATE DASAN, RESIDING AT KALLARAKKAL HOUSE, MANAKUNNAM VILLAGE, UDAYAMPEROOR PANCHAYATH,ERNAKULAM DISTRICT-682307. R1, R2 BY GOVT. PLEADER SRI.R.PADMARAJ R3, R4 BY ADV. SRI.SAJITH KUMAR V. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPCR.536/11 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 19.11.11. EXT.P2: TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DT. 19.11.2011. /TRUE COPY/ PA TO JUDGE THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P(Crl).No.536 of 2011 ---------------------------------------- Dated this the 28th day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner is the third respondent's wife. They have a 4 ½ year old child. While the petitioner states that the child is under illegal detention of its father and paternal grandmother, it is submitted on behalf of the third respondent that he has filed an application as O.P.No.2271/11 before the Family Court, Ernakulam seeking restitution of conjugal rights. In proceedings for divorce and also for restitution of conjugal rights, the Family Court can essentially consider the needs of the child also. This is part of the parens patriae jurisdiction that it will exercise in relation to any child of a couple involved in litigation. Under such circumstances, the third respondent is directed to produce the child before the Family Court, Ernakulam on 3.12.2011. Learned Judge of the Family Court will pass such orders as may WPCR.536/11 2 be necessary to provide access for the child to its parents. The writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge kkb.28/11.