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2012 Supreme(Online)(KER) 38159

HIGH COURT OF KERALA
K.T.SANKARAN, M.L.JOSEPH FRANCIS, JJ
K PRASAD – Appellant
Versus
RAJAGOPALA PILLAI    Advocate -SRI BABU S NAIR – Respondent


J U D G M E N T

K.T.Sankaran, J.

Mahesh, the son of the third respondent married the first petitioner (Pooja). A child (Surya Sankar), now aged 5 years was born in that wedlock. Pooja and Mahesh were in a Gulf country for quite some time. It is stated that on 21.3.2012, Pooja and the child returned to India. According to Pooja, she was compelled to leave for India under certain compelling circumstances. On 23.3.2012, Mahesh filed W.P.(Crl) No.140 of 2012 before this Court for the issue a Writ of Habeas Corpus directing Pooja to produce the child before Court. This Court disposed of W.P.(Crl) No.140 of 2012, as per the judgment dated 12.4.2012. The operative portion of the judgment reads as follows :

“3. In the result, we order that the child involved in this petition by name Surya Sankar shall go with the father, i.e., the petitioner and will be with him in his custody, control and guardianship until otherwise ordered following due procedure by any jurisdictional family court in India. We direct the first respondent to hand over to the petitioner's counsel forthwith the passport, birth certificate and any other belongings of the child in question. We clarify that this judgment will n

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