AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
12 paragraphs · 414 wordsP.V.Kunhikrishnan, J.
The above writ petition is filed with following prayers:
“(i) To issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Ext.P3 order of the 2nd respondent and quash the same, to the extent it permits the 3rd respondent to have custody of the child from 5PM of Friday to 10 PM Monday every week.
(ii) To issue a writ of mandamus or any other writ, direction or order declaring that the petitioner being the mother and natural guardian of the child is entitled to have continuous custody of the child.
(iii) To issue a writ of mandamus or any other appropriate writ, direction or order directing the 3rd respondent to immediately return the child to the petitioner.
(iv) Grant such other and further reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case including costs.” (Sic)
This writ petition is filed challenging Ext.P3 order of the 2nd respondent by which the 2nd respondent allowed the 3rd respondent for the custody of the child from 05 pm on Friday to 9AM on Monday of each week. It is now conceded by both sides that Ext.P3 order is cancelled by the Child Welfare Committee (CWC), Kollam District as per order No.CWC/KLM/9641/22 dated 26.05.2022.
The counsel for the petitioner submitted that based on Ext.P3 order, which was in force earlier, the 3rd respondent took the custody of the child and the child is not returned to the petitioner, who is the mother. Since Ext.P3 is already cancelled by the 2nd respondent itself, the prayers in this writ petition are infructuous.
The petitioner is the mother of the child. The counsel appearing for the 3rd respondent submitted that a custody petition as OP(G&W) No.81 of 2022 is pending before the Family Court, Kottarakkara. The petitioner and the 3rd respondent can appear before the Family Court and file appropriate petition for the interim custody of the child till the case is over. With that observation, this writ petition can be disposed of.
Therefore, this writ petition is disposed of with following prayers:
The petitioner and the 3rd respondent will appear before the Family Court, Kottarakkara, tomorrow (28.05.2022).
The petitioner is free to file application for interim custody of the child. If such an application is filed, the Family Court will pass appropriate orders in it, after giving an opportunity of hearing to both sides, forthwith.