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2025 DAILYLAW 3230 (KER)

LAVANYA v. STATE OF KERALA

WP(C)/3033/2023 · 2025-03-24

Harisankar V Menon

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:25251 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 3033 OF 2023 PETITIONERS: 1 LAVANYA, AGED 22 YEARS, D/O PREMAN C.G CHERKARA THANDAYAN HOUSE THRITHALLOOR VADANAPILLY CHAVAKKAD TALUK,THRISSUR DISTRICT, PIN - 680619 2 PREMAN C.G, AGED 64 YEARS, S/O GANGADHARAN CHERKARA THANDAYAN HOUSE THRITHALLOOR VADANAPILLY CHAVAKKAD TALUK,THRISSUR DISTRICT, PIN - 680619 3 SHAINA, AGED 60 YEARS, W/O PREMAN C.G., CHERKARA THANDAYAN HOUSE THRITHALLOOR VADANAPILLY CHAVAKKAD TALUK,THRISSUR DISTRICT, PIN - 680619 BY ADV PREMCHAND M. RESPONDENTS: 1 STATE OF KERALA, REP BY SECRETARY TO GOVERNMENT, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT SECRETARIAT THIRUVANANTHAPURAM, PIN – 69500. 2 CHILD WELFARE COMMITTEE THRISSUR, REP BY CHAIRPERSON, GOVERNMENT CHILDRENS HOME RAMAVARMAPURAM THRISSUR, PIN – 680631. 3 SHANAVAS E H, AGED 29 YEARS, S/O HUSSAIN ERACHAMVEETIL HOUSETHRITALLUR P.O VATANAPALLY VILLAGE THRISSUR DISTRICT, PIN – 680619. W.P.(C)No.3033 of 2023 2 2025:KER:25251 BY ADV MARTIN JOSE P OTHER PRESENT: SRI E G GORDEN SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.3033 of 2023 3 2025:KER:25251 JUDGMENT The petitioners- mother and her parents have field the captioned writ petition seeking to challenge the orders issued by the 2nd respondent at the instance of the 3rd respondent herein-the husband, with respect to the production of the child born in the weklock between the 1st petitioner and the 3rd respondent. 2. I have heard Sri.Premchand M, the learned counsel for the petitioner, Sri.E.G.Gorden, the learned Senior Government Pleader for respondents 1 and 2 and Sri.P.Martin Jose, the leaned counsel for the 3rd respondent. 3. It is notice that the orders issued by the 2nd respondent herein has been stayed by this Court while admitting the writ petition. It is further noticed that the dispute between the 1st petitioner and the 3rd respondent herein is the subject matter of consideration before the Family Court, Kunnamkulam. In the light of the afore, I am of the opinion that this writ petition can be disposed of by making the interim order granted by this Court referred to above, absolute. Needless W.P.(C)No.3033 of 2023 4 2025:KER:25251 to say that the rival contentions between the 1st petitioner and the 3rd respondent herein will be subject to the outcome of the litigations/pending before the Family Court, Kunnamkulam as noticed above. Sd/- HARISANKAR V. MENON JUDGE ANA W.P.(C)No.3033 of 2023 5 2025:KER:25251 APPENDIX OF WP(C) 3033/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE O.P.NO. 1565/2021 FILED BY THE PETITIONER BEFORE THE FAMILY COURT THRISSUR DATED 17/08/2021 Exhibit P2 TRUE COPY OF THE O.P.NO.1741/2021 FILED BY THE 3RD RESPONDENT BEFORE THE FAMILY COURT THRISSUR DATED 09/09/2021 Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED 17- 2-2022 PASSED BY THIS HONBLE COURT IN WP (C ) NO.1507/2022 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 4-3-2022 PASSED BY THIS HONBLE COURT IN WP (C) NO.1507/2022 Exhibit P5 TRUE COPY OF THE FIR NO. 902/2022 DATED 24-8-2022 REGISTERED BY THE THRISSUR TOWN WEST POLICE Exhibit P6 TRUE COPY OF THE FIR NO. 57/2023DATED 13-1-2023 REGISTERED BY THE VADANAPILLY POLICE Exhibit P7 TRUE COPY OF THE NOTICE ISSUED BY THE SECOND RESPONDENT TO THE PETITIONERS DATED 11/01/2023 Exhibit P8 TRUE COPY OF THE OBJECTIONS FILED BY THE PETITIONERS DATED 19/01/2023