FRANCIS ALLEN PINHEIRO Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The petitioner is the father of the child, by name Johan Aurelius Pinheiro, aged 2 1/2 years. The respondents 2 and 3 are the father and mother of his wife, by name Jemi Manoj. The petitioner has filed OP 508/2019 before the family court, Ernakulam, seeking permanent custody of the minor child. In IA 1107/2019 filed therein, the family court has passed an interim order, directing the respondents 2 and 3, to produce the said minor child before the court. Consequently, production warrant was also issued by the family court. But, the police could not execute the production warrant, so far. The above circumstance requires interference of this court, invoking the writ jurisdiction, under Article 226 of the Constitution of India, according to the petitioner.

(2.) We called for a report from the family court, Ernakulam. In the said report, it is stated that, in IA 1107/2019, the respondents were directed to produce the child before the court on 6.7.2019, vide order dated 19.6.2019. But the child was not produced. Hence, again the family court directed the respondents to produce the child on 12.7.2019. As the child was not produced, production warrant was issued by the court, to bring the child and his mother. With reference to the warrant, Vidyaranyapura Police Inspector has submitted a report to the effect that, on 15.7.2019, when they went to execute the warrant, it was seen that the address premises was locked and no such person was available there. Now the case is posted to 21.8.2019. But, no further steps are seen taken by the original petitioner, to cause production of the child.

(3.) In view of the aforesaid report, we find that the family court has already taken appropriate steps, to enforce the production of the child; but could not be materialized so far. It appears that the family court is vigilant in executing the order, but the petitioner has to take necessary steps to enforce the production of the child. We observe that the family court has ample jurisdiction and power to see that the child is produced before the court, in execution of the order passed by the family court. In the above view, we find no circumstance to interfere with the proceedings of the family court at this stage.