Noorulla vs Madhuri S
2022 Latest Caselaw 10375 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                     &
                  THE HONOURABLE MR. JUSTICE SATHISH NINAN
           Friday, the 7th day of October 2022 / 15th Aswina, 1944
   IA.NO.1/2022 IN CON.CASE(C) NO. 2183 OF 2017(S) IN WP(CRL)NO.404/2017
PETITIONER/PETITIONER:

     NOORULLA, S/O. DADA PEER, NEAR WATER TANK,
     AZAD NAGARA 1ST CROSS, CHITRADURGA, CHITRADURGA,
     KARNATAKA-577 501.

RESPONDENTS/RESPONDENTS:

1.    MADHURI S.BOSS, CHAIRPERSON,

      CHILD WELFARE COMMITTEE, COLLECTORATE, KASARAGOD.

      ADDITIONAL RESPONDENT IMPLEADED

2.    THE CHILD WELFARE COMMITTEE, CHITHRADURGA DISTRICT,

      KARNATAKA, REPRESENTED BY ITS CHAIRPERSON.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to delete the
direction in COC No.2183/2017 of this Honourable Court to produce the
child before the Child Welfare Committee once in a month, considering this
pandemic situation and other difficulties.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 07/02/2018 and upon hearing the arguments of SRI.I.V.PRAMOD
& SRI.K.V.SASIDHARAN, Advocates for the petitioner in IA/COC,and SENIOR
GOVERNMENT PLEADER FOR R1 IN IA/COC, the court passed the following:

                                                     P.T.O.
               A.K.JAYASANKARAN NAMBIAR & SATHISH NINAN, JJ.
              -----------------------------------------
                                 I.A.No.1 of 2022
                                         in
                         Con.Case (C). No.2183 of 2017
              -----------------------------------------
                      Dated this the 7th day of October, 2022

                                          ORDER

Sathish Ninan, J.

The issue involved in the Writ Petition pertains to the custody of a

minor child. As per judgment dated 07.02.2018, this Court directed that

the interim custody of the child shall be given to the mother. There was a

direction to the Child Welfare Committee, Chitradurga, to consider the

issue and pass appropriate orders. In the meanwhile, the parents were

directed to produce the child before the Child Welfare Committee,

Chitradurga, once in a month.

The child is reportedly with the mother as of now, at Mangalore.

The Child Welfare Committee, Chitradurga, is seized of the matter. It is

for the petitioner to approach the appropriate forum in Karnataka

seeking further reliefs. Till any orders are passed by such authority, the

directions passed in the impugned judgment will continue. We make it

clear that it is only till such time as orders are passed by the competent

forum in Karnataka that the directions in this judgment will be in force.

With this clarification, this I.A is closed.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

SATHISH NINAN JUDGE mns

07-10-2022 /True Copy/ Assistant Registrar