Disposed

Trincy v. Anil Kumar

Kerala HC14 Jun 2012WP(Crl.)/180/2012

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition concerning custody of a minor born in wedlock under the Special Marriage Act. The Court directed the first respondent to produce the child before the respective Family Court on a fixed date and directed police officials to ensure compliance. The Family Court was directed to advance the hearing for interim custody orders.

What did the court decide?

Directions for the first respondent to produce the child before the Family Court on 16.6.2012 and for the Third Respondent to ensure compliance.

Trincy Vs Anil Kumar — Child Custody and Guardianship | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

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THURSDAY, THE 14TH DAY OF JUNE 2012/24TH JYAISHTA 1934 WP(Crl.).No. 180 of 2012 (S)

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PETITIONER:

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TRINCY, AGED 27 YEARS D/O. PULIKKAL JAYAMARY, PULLUR VILLAGE AND DESOM MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

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BY ADVS.SRI.T.N.MANOJ SRI.VINOD JABAR

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RESPONDENTS:

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ANIL KUMAR S/O. VALAYATHAZHATH VELAYUDHAN

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KODANAD VILLAGE AND DESOM, KOOTTANAD ROAD

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MEZHTHOOR POST, OTTAPPALAM TALUK

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PALAKKAD DISTRICT 686303.

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THE DISTRICT SUPERINTENDENT OF POLICE PALAKKAD DISTRICT 690001.

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THE SUB INSPECTOR IN CHARGE) THRITHALA POLICE STATION PALAKKAD DISTRICT 690311.

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THE CIRCLE INSPECTOR OF POLICE IRINJALAKUDA POLICE STATION 686502.

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BY D.G.P., SHRI T ASAF ALI

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.CRL.180 OF 2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF THE CERTIFICATE OF MARRIAGE

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EXT.P2 : TRUE COPY OF RECEIPT ISSUED FROM THE IRINJALAKUDA POLICE STATION.

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EXT.P3 : TRUE COPY OF THE O.P.1981/2001 BEFORE THE FAMILY COURT THRISSUR. EXT.P4 : TRUE COPY OF IA.6573/11 BEFORE THE FAMILY COURT THRISSUR.

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EXT.P5 : TRUE COPY OF THE RECEIPT ISSUED FROM THE THRITHALA POLICE STATION.

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RESPONDENTS' EXHIBITS : NIL

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(TRUE COPY)

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PA TO JUDGE

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K.T.SANKARAN & M.L.JOSEPH FRANCIS JJ.,

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(CRL.) NO.180 of 2012 S

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Dated this the 14^th day of June, 2012

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JUDGMENT

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K.T. Sankaran J.,

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The marriage between the petitioner and the respondent was registered under the Special Marriage Act on 2.5.2009. A child was born in that wedlock. The petitioner filed G.O.P. No.1981 of 2011 before the Family Court, Thrissur praying for custody of the child. It is alleged that in April 2011, the first respondent took away the child from the hospital and thereafter his whereabouts were not known. Though the case was posted before the Family Court on different dates for production of the child, it is alleged that the first respondent did not produce the child before the Family Court. The petitioner submits that a petition was filed before the Police, but the first respondent and the child were not traced out.

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W.P.(CRL) NO.180 of 2012

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The petitioner and the first respondent are present before Court. The first respondent had produced the child also. The first respondent stated that he was working in Kannur and the child was staying with him. The first respondent stated that he was forced to keep the child away from the mother for justifiable reasons. It is not necessary to state the contentions of the parties in that regard, while disposing of this Writ Petition.

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Since G.O.P. No.1989 of 2011 is pending before the Family Court, Thrissur, it is necessary to produce the child before that Court. The first respondent agreed that he will appear before the Family Court and produce the child before that Court on 16.6.2012 at 11.00 a.m. The Family Court shall advance the hearing of the case to 16.6.2012. After hearing both the parties, the Family Court shall pass appropriate orders for the interim custody of the child, as expeditiously as possible.

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The third respondent shall ensure that the first respondent produces the child before the Family Court, Thrissur on 16.6.2012.

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W.P.(CRL) NO.180 of 2012

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:3:

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The Writ Petition is disposed of with the above directions.

Hand over.

K.T. SANKARAN,

(JUDGE)

M. L. JOSEPH FRANCIS, (JUDGE)

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dl/

Trincy v. Anil Kumar

Case brief

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What did the court decide?

Trincy v. Anil Kumar

Case brief

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