Muhamed Mustaque, J. Read our order dated 29/04/2014. It is submitted by the learned counsel for the petitioner in O.P.(FC).No.222/2014 that she has received the passport of the minor child Baby Abida. However, the learned counsel submits that the schedule of interim custody may be rescheduled on account of the delay in handing over of the passport. The reschedule of the term of interim custody of the minor child cannot be entertained by this Court. It is open to the petitioner to approach the Family Court for such relief. In view of the submission regarding receipt of passport by the petitioner in O.P. (FC).No.222/2014, we close the said original petition with liberty to the petitioner to approach the Family Court for rescheduling the term of interim custody.
2. With regard to the relief sought for by the petitioner in O.P. (FC).No.219/2014, we find there is no scope for any apprehension entertained by the petitioner that by ordering handing over of the passport, O.P.(F.C).Nos.219/2014 and 222/2014 -:2:-
the court below has accepted the allegation made by the respondent therein that the petitioner had procured the passport of the minor child by stating false information before the passport authorities. The court below did not act upon the above allegation of the respondent. The learned counsel appearing for the respondent, having confronted with the situation that his client wants to make use of the passport so procured by the petitioner herein, submits that his client does not stand by reasons alleged for obtaining the passport of the minor child. We record the submission of the learned counsel and close this original petition as nothing further survives for consideration. The petitioner’s counsel seeks return of the passport, when the term of interim custody is over. We are of the view that the petitioner can move the Family Court for return of passport.
K.VINOD CHANDRAN, JUDGE A.MUHAMED MUSTAQUE, JUDGE ms