SHITHU Vs. CHAIRPERSON, CHILD WELFARE COMMITTEE

JUDGEMENT

(1.) The petitioner is the estranged wife of the 3rd respondent. They have a son born in their wedlock. The petitioner has filed O.P.No.59/2023 before the Family Court, Kottayam at Ettumannor, to dissolve her marriage with the 3rd respondent. The 3rd respondent has filed O.P.No.576/2024 before the same Court for the custody of his child. During the pendency of the above proceedings, the 3rd respondent has filed O.P.No.411/2024 before the Child Welfare Committee - the 1st respondent. Surprisingly, by Ext.P2 order, the 1st respondent has directed the Station House Officer the - 2nd respondent, to produce the child and the petitioner before them. The 1st respondent has not even permitted the petitioner to raise a preliminary objection regarding the maintainability of the petition. The 3rd respondent's sole intention is to harass and vex the petitioner and the child. The petition is an abuse of the process of law. Ext.P2 order is erroneous and unsustainable in law. Hence, the writ petition.

(2.) Heard: the learned counsel for the petitioner and the learned Government Pleader.

(3.) The marital relationship between the petitioner and the 3rd respondent is strained. There are matrimonial litigations between the parties, including a petition for the custody of their child, pending before the Family Court. During the pendency of the proceedings before the Family Court, the 3rd respondent has parallelly filed O.P.No.411/2024 before the 1st respondent for an identical relief.