LEENA JACOB Vs. P J PAUL

JUDGEMENT

(1.) THE petitioner is the wife of the second respondent. THEy have three children. Two of them are majors.

(2.) THE allegation is that on 17.4.2004, the second respondent went to the school, where the children were studying and forcibly took them with him. THE petitioner states that she made all attempts to know the whereabouts of the second respondent and the children, but all her attempts were in vain. THE petitioner filed Ext.P1 complaint before the Sub Inspector of Police, Vanitha Cell, Kochi City. She also filed G.O.P.No.1576/08 before the Family Court, Ernakulam, praying for custody of the children. It is stated that the second respondent was evading service of notice in the proceedings before the Family Court. However, it is submitted by the learned counsel for the petitioner that subsequently, the second respondent was served with notice by Special Messenger. THE counsel for the petitioner also submitted that since the notice was not served on the second respondent, the Family Court dismissed G.O.P. No.1576/08, for default, and the petitioner has filed an application for restoration. It is agreed by the second respondent that the application for restoration can be allowed. THE Family Court, Ernakulam shall restore G.O.P. No.1576/08 and dispose of the same on the merits.

(3.) ACCORDINGLY, the Writ Petition (Criminal) is closed, with liberty to the petitioner to prosecute the proceedings before the Family Court. She will be entitled to make appropriate applications before the Family Court for interim measures, which will be considered by the Family Court on the merits.