IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 WP(Crl.).No. 237 of 2011(S) --------------------------- PETITIONER(S): --------------- SAMEERA, AGED 26 YEARS, D/O.AHAMMED KUTTY, CHEMBAN HOUSE, RANDATHANI.P.O., KANANCHERY, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM. PIN-676 505. 2. THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR, PIN-676 101, MALAPPURAM DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, VALANCHERRY, PIN-676 552, MALAPPURAM DISTRICT. 4. THE SUB INSPECTOR OF POLICE, KALAKANCHERRY, PIN-676 551, MALAPPURAM DISTRICT. 5. NAZER, S/O.MUHAMMED, KALLAN HOUSE, MARAKKARA.P.O., PIN-676 553, KALPAKANCHERRY, TIRUR TALUK, MALAPPURAM DISTRICT. GOVT. PLEADER SHRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(Crl).NO.237/2011 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.21.12.2010 IN O.P.(FC) 1181/2010 OF THIS COURT. P2. COPY OF THE ORDER DTD.23.2.2011 IN O.P.No. 1179/2010 OF THE FAMILY COURT, MALAPPURAM. P3. COPY OF THE ORDER DTD.28.4.2011 IN I.A.No. 592/2011 IN O.P.No. 1179/2010 OF THE FAMILY COURT, MALAPPURAM. P4. COPY OF THE APPLICATION DTD.25.4.2011 BY R5 BEFORE THE FAMILY COURT, MALAPPURAM. P5. COPY OF THE APPLICATION FOR SAY FILED BY R5 BEFORE THE FAMILY COURT, MALAPPURAM. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN & M.L.JOSEPH FRANCIS, JJ. ================== W.P.(Crl).No. 237 of 2011 ================== Dated this the 20 th day of May, 2011 J U D G M E N T S.Siri Jagan, J. The petitioner herein is the petitioner in a matrimonial cause. She filed O.P.No.1179/2010 before the Family Court, Malappuram, in which, she obtained favourable orders regarding custody of her child, by name “HISHAM”. Her allegation in this writ petition is that contrary to the order of the Family Court, the 5 th respondent-husband has failed to produce the child before the Family Court despite the direction in that regard. It is under the above circumstances, the petitioner has filed this Writ Petition (Crl.), for a writ in the nature of habeas corpus, seeking the following relief; “issue a writ of Habeas Corpus or other appropriate writ, order or direction commanding respondents 1 to 4 to produce “HISHAM” from the illegal custody of the 5th respondent before this Hon'ble Court and set him free from the illegal detention.” 2. The 5 th respondent appears through counsel and submits that he is prepared to produce the child before the Family Court on 23.5.2011. This undertaking is recorded and the writ petition is disposed of with a direction to the 5 th respondent to produce the child by name, “HISHAM” before the Family Court, Malappuram, on w.p. (crl.)237/11 2 23.5.2011. If the 5 th respondent fails to do so as undertaken above, respondents 1 to 4 shall see that the child is produced before the Family Court on 23.5.2011 for appropriate orders in that regard by the Family Court. Needless to say, on that day, the Family Court shall pass orders as warranted by the situation. Sd/- S.SIRI JAGAN, JUDGE Sd/- M.L.JOSEPH FRANCIS, JUDGE sdk+ ///True copy/// P.A. to Judge