IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 19732 of 2009(Q) -------------------------- CMP.986/2009 of J.M.F.C.-I, PERINTHALMANNA .................... PETITIONER(S): PETITIONER: ---------------------------------------------- HASEENA K., D/O. KONKATH YOUSUFF, PONNIAKURRUSSI, PERINTHALMANNA AMSOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. MR.DEVIDAS.U.K RESPONDENT(S): RESPONDENTS/STATE: --------------------------------------------------------------- 1. SAJEERMON N., AGED 27 YEARS, S/O.NECHIYIL MUHAMMED, MANALAYA, ANAMANGAD AMSOM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, PERINTHALMANNA, THROUGH GOVT. PLEADER, HIGH COURT OF KERALA. R2 BY PUBLIC PROSECUTOR MR. B.VINOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No. 19732 OF 2009 =========================== Dated this the 23rd day of July,2009 JUDGMENT Petitioner the mother of a minor child aged two years filed this petition filed under section 482 of the Code of Criminal Procedure to quash Ext.P4 order passed by Judicial First Class Magistrate, Perintalmanna on 15.4.2009 permitting custody of the child with the first respondent father from 15th to 20th of every month. The allegations in the Writ Petition is that on the allegation that the minor child was taken away by the father petitioner filed a complaint before the learned Magistrate and an order of search was issued on 15.4.2009 and the child was produced before the Magistrate and when the child was produced in court the mother and the father were present and in the presence of the Magistrate it was agreed by the parents that the father could be in custody of the child from 15th to 20th of every month and the mother during the remaining period. Ext.P4 is an order passed accepting the said settlement. If petitioner is aggrieved by the same, she is entitled to approach the W.P.(C) 19732/2009 2 Family Court for appropriate relief. With that liberty petition is dismissed. It is made clear that the order will not stand in the way of the competent Family Court to pass appropriate order in accordance with law. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006