LAWS(KER)-2010-7-164

VINCENT CHRISTOPHER Vs. STATE OF KERALA AND ORS.

Decided On July 13, 2010
Vincent Christopher Appellant
V/S
STATE OF KERALA And ORS. Respondents

JUDGEMENT

(1.) This judgment must be read in continuation of the earlier orders passed resting with the order dated 01/06/2010.

(2.) The petitioner has come to this Court complaining that two minor children of his, aged 11 years and 6 years, have been illegally detained by the 5th respondent, the mother of the children and the 6th respondent, the maternal grandmother of the children. According to the petitioner, O.P. No. 978/2005 was filed by him before the Family Court for getting permanent custody of the minor children. Interim orders were passed by the Family Court and such interim orders obliged the 5th respondent to produce the children before the Family Court to facilitate interaction/exercise of visitorial rights by the petitioner in respect of those two children. The petitioner came to this Court with this petition on 19/5/2010 complaining that the children were illegally removed and their whereabouts are not revealed to him. Consequently, he is unable to exercise his visitorial rights conceded to him vide interim order passed in O.P. 978/2005. He complained that his wife, the 5th respondent, was remaining ex parte in the O.P and had removed the children in illegal custody to some unspecified place.

(3.) Notice was ordered to the respondents. Respondents 6, 7 and 8 have entered appearance. An affidavit has been filed by the 7th respondent. The learned Counsel for respondents 6, 7 and 8 submits that they have no clue about the whereabouts of the children. The children are in the custody of their mother, the 5th respondent, it is submitted.