Tomy Paul vs State Of Kerala

Devan Ramachandran, J.

This writ petition has been filed by the petitioner alleging that his son has been taken away illegally by the fourth respondent, who is his own mother, in patent violation of Ext.P1 order of the Family Court, Ettumanoor.

When this matter was considered by another Bench of this Court on 02.05.2023, the following order had been issued, obviously with the consent of both sides;

“There will be an interim order directing the petitioner to pay to the 4th respondent a sum of Rs.3,00,000/- within a period of seven days from today. The 4th respondent will hand over the custody of the child at 11 A.M. on 03.05.2023 from the Family Court, Kozhikode. The Chief Ministerial Officer would also record the handing over the child and the return. The petitioner will return the child on 10.05.2023 at 11 A.M. The 4th respondent will furnish the details of the bank account of the mother to the petitioner forthwith.

Sri.Gokul Das V.V.H., learned counsel for the petitioner, today sought indulgence that the time frame for surrender of the child to the mother be extended until 18.05.2023. However, Sri.Santhosh Peter, learned counsel appearing for the fourth respondent, opposed this vehemently, asserting that the afore extracted interim order of this Court is self-working.

We must say that there is great force in the above submissions of Sri.Santhosh Peter, particularly because this writ petition is not one challenging any order of the Family Court, but for the issuance of a writ of Habeas Corpus. However, it is now obvious from the turn of events that the child is not under illegal custody, but that has been modulated by the orders of this Court.

In the above circumstances, we dispose of this writ petition, confirming the interim order dated 02.05.2023 extracted above; however, giving full liberty to the petitioner to invoke any other remedy as may be available to him, including before the Family Court; for which purpose, all contentions of the rival parties are left open.