IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 10015 of 2009(Q) -------------------------- MC.140/2008 of J.M.F.C.,TALIPARAMBA .................... PETITIONER(S): --------------- SUNNY CHORUKAVIL ABRAHAM, CHORUKAVIL HOUSE, ALAKODE P.O., KANNUR DISTRICT, PIN 670 571, WORKING AT INTER NO.4, VIA ASSISI 37/A, 00181, ROME, ITALY. BY ADV. SRI.K.G.ANIL BABU RESPONDENT(S): --------------- 1. THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA, KANNUR. 2. THE SUB INSPECTOR OF POLICE, KANJIRAPPALLY POLICE STATION, KANJIRAPPALLY, KOTTAYAM DISTRICT. 3. MANJU SUNNY @ ALIYAMMA AUGUSTHY, W/O.SUNNY, ALAKODE AMSOM, ARANGAM DESOM, ALAKODE P.O., KANNUR, NOW RESIDING AT VIA BASENTO, 52/D, INTER NO.13,00100, ROME, ITALY. 4. CHAKKOCHAN VAZAPPANADY, VAZAPPANADY HOUSE, KOOVAPPALLY P.O., KANJIRAPPALLY. 5. MARY CHACKO, W/O.CHACKOCHAN VAZHAPPANADY, VAZHAPPANADY HOUSE, KOOVAPPALLY P.O., KANJIRAPPALLY. GOVERNMENT PLEADER SRI, AMJAD ALI ADV. SRI.P.NARAYANAN FOR R4 & R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITINER'S EXHIBITS EXHIBIT P1 : THE TRUE COPY OF THE PETITION FILED BY THE 3RD RESPONDENT BEFORE THE HON'BLE J.F.C.M COURT, TALIPARAMBA DATED 5.12.2008 AS M.C. 140/08 EXHIBIT P2 : THE TRUE COPY OF THE ORDER IN C.M.P. NO. 8531/2008 IN M.C. NO. 140/08 DATED 5.12.2008 EXHIBIT P3 : THE TRUE COPY OF THE AFFIDAVIT OF THE PETITIONER'S FATHER. EXHIBIT P4 : THE TRUE COPY OF THE COUNTER STATEMENT OF THE 3RD RESPONDENT. EXHIBIT P5 : THE TRUE COPY OF THE ORDER OF THE J.F.C.M COURT, TALIPARAMBA IN C.M.P. 8998/08 IN M.C. 140/2008 DATED 14.1.2008. EXHIBIT P6 ; THE TRUE COPY OF THE EXHIBIT R1 FILED BEFORE THE HON'BLE MAGISTRATE COURT. EXHIBIT P7 : THE TRUE COPY OF THE COUNTER STATEMENT IN M.C.NO. 140/08 DATED 14.1.2008 FILED BY THE PETITIONER'S PARENTS. //TRUE COPY// P.A. TO JUDGE. M.N. KRISHNAN, J ----------------------- W.P(C)No. 10015 OF 2009 --------------------------------- Dated this the 6th day of April, 2009 JUDGMENT This petition is filed with a prayer to direct the Judicial First Class Magistrate Court, Thaliparamba to take a final decision on Exhibit P1 and entrust the custody of the minor children to the petitioner. In response to the direction given by this Court both the children were produced before me and I permitted them to have few happy moments with their father. Now it has to be stated that the father wants some arrangements to be made to see the children or to keep them with him for a few days. Now even if the children are studying, the schools are closed for holidays I permit the father herein to move an application before the concerned Magistrate and direct the Magistrate to pass some orders after hearing both sides regarding the seeing of the children as well as whether some arrangements could be made so that children are able to spend at least a few days with their father. I hope and expect that all the parties will co-operate and the wish of the father to have the children with him for few days is not taken away on technical or flimsy grounds. With such a direction I close this Writ Petition. M.N. KRISHNAN, JUDGE vkm