RAGINI Vs. DISTRICT POLICE CHIEF

JUDGEMENT

(1.) In Ext.P1 Original Petition, the Family Court, Attingal granted interim custody of the minor child to the 4 th respondent from 27.04.2019 to 06.05.2019 only. Accordingly, the 4th respondent took the custody of the minor child from the petitioner on 27.04.2019. However, the child has not been produced on 06.05.2019 in compliance with the said order of the Family Court. Thereafter, whereabouts of the minor child is not known to the petitioner. Hence, the petitioner approached this Court invoking the writ jurisdiction and sought for the production of the child.

(2.) Today, the third respondent produced the child before this Court, in compliance with the interim orders of this Court dated 27.06.2019 and 24.07.2019. We find that the 4 th respondent has kept the child in his custody, in violation of the terms of interim order passed by the Family Court. The petitioner was constrained to file this writ petition, aggrieved by the violation of the order of the Family Court, by the 4 th respondent. Thus, the petitioner has unnecessarily been dragged on to this Court by the 4 th respondent. Similarly, huge amount has been spent by the State of Kerala to trace out and produce the detenue before this Court. According to the 4 th respondent, the child was not willing to leave from his company. Since Ext.P1 Original Petition is pending before the Family Court, this Court is not inclined to enter into the merits of the matter. But the misconduct from the part of the 4 th respondent is contemptible and it can never be justified, whatever be the reasons for the same. However, the 4 th respondent has to pay heavy cost for the mischief committed by him.

(3.) The 4th respondent is hereby directed to produce the child before the Family Court, Attingal on 17.07.2019 at 11 a.m. The third respondent shall ensure the production of the child before the Family Court on that day. The Family Court is at liberty to pass appropriate orders in accordance with the facts and circumstances of the case. The 4 th respondent shall deposit Rs.10,000/- (Rupees ten thousand only) before the Family Court, Attingal as cost, within a period of two weeks from today. If the 4th respondent fails to deposit the aforesaid amount, the Family Court is at liberty to proceed against him by taking all coercive steps permissible under law. With the above directions, this writ petition is disposed of. The Registry is directed to fax the copy of this order to the Family Court, Attingal forthwith.