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Susmi Xavior

High Court Of Kerala|26 May, 2014
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JUDGMENT / ORDER

ANTONY DOMINIC, J.
The controversy in this Writ Petition is regarding the custody of a child, aged two years, born in the wedlock of the petitioner with the 4th respondent. The 5th respondent is her sister- in-law.
2. From the submissions made before us, it is obvious that the marriage has broken down and a divorce application and two cases filed by the petitioner and the 4th respondent for permanent custody of the child are pending before the Family Court, Kollam. The learned counsel for the 5th respondent also says that in O.P.(G&W)No.448/14 filed by the petitioner, the child is ordered to be produced before the Family Court on 28.5.2014 and the 5th respondent undertakes to produce the child before the Family Court on that day.
In view of the pendency of the aforesaid cases and the nature of the dispute and the allegations raised by both sides, we do not think that this is a case for entertaining the Writ Petition with WPCR.No.208/14 -2-
the prayer for the issuance of a Writ of Habeas Corpus. According to us the proper course is to record the submission made by the counsel for the 5th respondent that the child will be produced before the Family Court on 28.5.2014 and leave the parties to work out their remedies before the Family Court. Accordingly, recording the submissions to the above effect, the Writ Petition is closed.
Sd/-
ANTONY DOMINIC, JUDGE.
dsn Sd/-
ANIL K. NARENDRAN, JUDGE.
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Title

Susmi Xavior

Court

High Court Of Kerala

JudgmentDate
26 May, 2014
Judges
  • Antony
  • Anil K Narendran
Advocates
  • Sri Johnson Gomez
  • Sri