BEFORE THE FAMILY COURT v. FOR GETTING THE INTERIM CUSTODY OF THE CHILD
Case at a glance
- Bench
- M L JOSEPH FRANCIS
Outcome
Disposed of
The Original Petition is disposed of as above
Provisions considered
- Constitution of India art. 227
Key paragraphs
- Para 33. The petitioner is a teacher. The respondent is also ateacher. The child is studying in school. Taking into account the facts and circumstances of the case, we are of the view that the petitioner can be permitted to produce the child before the FamilyCourt…
Judgment
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.---------------------------------O.P.(F.C.) No.1685 of 2012 ---------------------------------Dated this the 31st day of May, 2012 JUDGMENTK.T.Sankaran, J. The petitioner is aggrieved by the order passed by the Family Court directing him to produce the child before the Family Court, Kottarakkara. O.P.(G&W) No.91 of 2012 was filed by the respondent/wife for custody of the child. Thepetitioner/husband did not produce the child before the Family Court. It would appear that the court issued coercive steps for production of the child before the Family Court. Atthat juncture, the petitioner/husband has filed this O.P.(F.C.).
We do not find anything illegal in the procedure adopted by the Family Court. The orders passed by the Family Court are not before us. The Family Court has jurisdiction to direct the parties to produce the child before court and hand over custody of the child to any of the parties, whom the court finds that custody should be entrusted with. Such discretion was exercised by the Family Court. It is not O.P.(F.C.)No.1685/2012 2 proper to interfere with the discretion in this Original Petitionunder Article 227 of the Constitution of India.
Operative part
The petitioner is a teacher. The respondent is also ateacher. The child is studying in school. Taking into account the facts and circumstances of the case, we are of the view that the petitioner can be permitted to produce the child before the FamilyCourt on 8th June, 2012. The petitioner shall file an affidavit before the Family Court on or before 4th June, 2012 stating that he will produce the child before the Family Court on 8th June, 2012.Copy of the affidavit shall be served on the counsel appearing for the respondent wife. Coercive steps taken by the Family Courtshall be kept in abeyance till 8th June, 2012. The Original Petition is disposed of as above. K.T.SANKARAN JUDGE M.L.JOSEPH FRANCIS JUDGEcsl
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Original Petition is disposed of as above
Which statutory provisions did this judgment involve?
Constitution of India — art. 227.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.