Kerala High Court
Leena Jacob vs P.J. Paul
Bench: K.T.Sankaran, M.L.Joseph Francis
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN
&
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
TUESDAY, THE 22ND DAY OF MAY 2012/1ST JYAISHTA 1934
WP(Crl.).No. 467 of 2011 (S)
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PETITIONER(S):
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LEENA JACOB, AGED 49 YEARS,
WIFE OF JACOB.K.F., SISTERS OF NAZRETH CONVENT
THRIKKAKARA, KAKKANAD, KOCHI-682 030.
BY ADV. SMT.LAKSHMI B.SHENOY
RESPONDENT(S):
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1. P.J. PAUL, AGED ABOUT 50 YEARS,
PARAMBATTUSSERY HOUSE, ALINCHUVADU.P.O.
PALARIVATTOM, KOCHI-682025.
2. JACOB K.F., AGED 54 YEARS,
SON OF LATE K.L.FRANCIS, PARAMBATTUSSERY HOUSE
ALINCHUVADU.P.O., PALARIVATTOM, KOCHI.
PIN-682025.
3. THE COMMISSIONER OF POLICE,
KOCHI CITY - 682 002.
4. THE SUPERINTENDENT OF POLICE,
THIRUVANANTHAPURAM - 695 001.
5. THE CIRCLE INSPECTOR OF POLICE,
VANITHA CELL, KOCHI CITY - 682 031.
ADDL.R6 IMPLEADED :
6. THE STATE POLICE CHIEF, POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM IS SUO MOTU IMPLEADED AS PER ORDER
DATED 28.11.2011 IN W.P.(CRL) 467/11.
BY ADV. SRI.JOHNSON MANAYANI
BY ADV. SRI.BENHUR JOSEPH MANAYANI
BY ADV. SRI.ELVIN PETER P.J.
BY ADV. SRI.T.G.SUNIL (PRANAVAM)
BY ADV. SRI.K.R.GANESH
BY GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER.
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22-
05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(CRL) No.467/11
A P P E N D I X
PETITIONER'S EXHIBITS :
EXT.P1 : TRUE COPY OF COMPLAINT DT. 30.11.2010 SUBMITTED BY
PETITIONER TO THE 5TH RESPONDENT.
EXT.P2 : TRUE COPY OF CERTIFICATE DATED NIL ISSUED BY PRINCIPAL OF
ST.JOSEPH'S ENGLISH MEDIUM HIGHER SECONDARY SCHOOL, THRIKKAKARA
IN RESPECT OF MS.KARUNA.
EXT.P3 : TRUE COPY OF CERTIFICATE DATED NIL ISSUED BY PRINCIPAL OF
ST.JOSEPH'S ENGLISH MEDIUM HIGHER SECONDARY SCHOOL, THRIKKAKARA
IN RESPECT OF MS.DONA.
EXT.P4 : TRUE COPY OF CERTIFICATE DATED NIL ISSUED BY PRINCIPAL OF
ST.JOSEPH'S ENGLISH MEDIUM HIGHER SECONDARY SCHOOL, THRIKKAKARA
IN RESPECT OF MASTER LITHIN.
TGS (TRUE COPY)
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
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W.P.(Crl) No.467 of 2011
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Dated 22nd May, 2012.
J U D G M E N T
K.T.Sankaran, J.
The petitioner is the wife of the second respondent. They have three children. Two of them are majors.
2. The allegation is that on 17.4.2004, the second respondent went to the school, where the children were studying and forcibly took them with him. The petitioner states that she made all attempts to know the whereabouts of the second respondent and the children, but all her attempts were in vain. The petitioner filed Ext.P1 complaint before the Sub Inspector of Police, Vanitha Cell, Kochi City. She also filed G.O.P.No.1576/08 before the Family Court, Ernakulam, praying for custody of the children. It is stated that the second respondent was evading service of notice in the proceedings before the Family Court. However, it is submitted by the learned counsel for the petitioner that subsequently, the second respondent was served with notice by Special Messenger. The counsel for the petitioner also submitted that since the notice was not served on the second respondent, the Family Court W.P.(Crl) 467/11 2 dismissed G.O.P. No.1576/08, for default, and the petitioner has filed an application for restoration. It is agreed by the second respondent that the application for restoration can be allowed. The Family Court, Ernakulam shall restore G.O.P. No.1576/08 and dispose of the same on the merits.
3. Several interim orders were passed by this Court, in this Writ Petition (Crl). The petitioner had opportunity to see her children also. This Court also directed that the petitioner will undergo a psychiatric evaluation at Lourdes Hospital, Ernakulam. After psychiatric evaluation, report was submitted by the Medical Officer.
4. The disputes between the parties require to be resolved, after taking evidence. For the last several years, the children are with the second respondent. We are of the view that in the peculiar facts and circumstances of the case, it is not proper to undertake an enquiry of the disputed facts in this Writ Petition. We are of the view that it is only proper to relegate the parties to the proceedings before the Family Court.
5. Accordingly, the Writ Petition (Criminal) is closed, W.P.(Crl) 467/11 3 with liberty to the petitioner to prosecute the proceedings before the Family Court. She will be entitled to make appropriate applications before the Family Court for interim measures, which will be considered by the Family Court on the merits.
6. It is submitted that an amount of Rs.6,000/- was incurred by the petitioner for the psychiatric evaluation at Lourdes Hospital, Ernakulam. The second respondent graciously offered and forthwith paid Rs.4,000/- to the petitioner.
Sd/-
K.T.SANKARAN, JUDGE.
Sd/-
M.L.JOSEPH FRANCIS, JUDGE.
tgs (true copy)