High Court of KeralaDivision BenchQuashed the impugned orders of the Child Welfar...

Shruthi R. v. Sujesh Pachiriyan & State of Kerala, Child Welfare Committee Kasaragod, Hosdurg Police, Sheela A.P. and others

Case / Petition Number:CRL.MC No. 1160 of 2021; RPJJ Nos. 9 of 2021 and 10 of 2021; OP (FC) Nos. 99/2022 and 156/2022; OP (Family Court) No. 238/2021; O.P. 406/2021; related connected cases

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • The Hon'ble Mr. Justice A. Muhamed Mustaque
  • The Hon'able Mrs. Justice Sophy Thomas Monday
Judgment Date
2022-04-04
Court Decision / Holding
Quashed the impugned orders of the Child Welfare Committee Kasaragod in CRL.MC 1160/2021 and connected cases; directed the Family Court, Kasaragod to decide the custody dispute and to dispose of the early hearing petition at the earliest, strictly following the guidelines in Shiju Joy v. Nisha; directed the Family Court to pass interim custody orders within two weeks of receipt of this order; directed that the child shall not be removed from the State of Kerala until a final order is passed. These matters are disposed of accordingly.
Final Disposition
Quashed the impugned orders of the Child Welfare Committee Kasaragod; directed fast-tracked custody adjudication by the Family Court Kasaragod with interim custody orders within two weeks; kept the child within Kerala during proceedings; disposal of CRL.MC 1160/2021 and connected cases as above.

Parties to the Case

Appellants / Petitioners

  • Shruthi R.
  • Sujesh Pachiriyan

Respondents

  • State of Kerala represented by Public Prosecutor; Child Welfare Committee Kasaragod; Station House Officer, Hosdurg Police Station; Sheela A.P.; Sujesh Pachiriyan; Shruthi R.
  • Shruthi R.

Legal Representation & Advocates

Counsels for Petitioners

  • • K.P. Pradeep
  • • Hareesh M.R.
  • • Rasmi Nair
  • • T. BijU
  • • T. Thasmi
  • • M.J. Anoopa
  • • Sanand Ramakrishnan
  • • Swathi Gupta

Counsels for Respondents

  • • P. Sanjay
  • • Leela A. Parvathi Menon
  • • Biju Meenattoor
  • • Kiran Narayanan
  • • Paul Varghese (Pallath)
  • • P.A. Mohammed Aslam
  • • Prasoon Sunny Rahul Raj
  • • P. M. R. Jayalath
  • • M.R. Jayalath
  • • R. Leela
  • • K.P. Pradeep

Case Synopsis & Summary

These matters concern custody of a minor child born to Shruthi R. and Sujesh Pachiriyan. The proceedings include CRL.MC No. 1160 of 2021 and connected cases, RPJJ Nos. 9 of 2021 and 10 of 2021, and various S.O.Ps in OP (FC) Nos. 99/2022 and 156/2022 before the High Court of Kerala. The Child Welfare Committee, Kasaragod, had passed an order purportedly transferring custody, and Shruthi and Sujesh challenged it through revisions and related Family Court petitions. The Court held the impugned CWC order to have been passed without hearing both parents and observed that the CWC can grant custody to foster parents only where a parent is incapacitated to provide care. It quashed the impugned orders and directed the Family Court, Kasaragod, to decide the custody dispute. The Family Court was further directed to dispose of the early hearing petition at the earliest, following the guidelines in Shiju Joy v. Nisha (2021) (2 KLT 607). The court also directed that interim custody orders be passed within two weeks and that the child shall not be removed from Kerala until a decision is made. The matter also touches upon domestic violence proceedings, which the Court addressed in the context of the main custody dispute, with disposal directed as above to focus on the welfare of the child.

Provisions of Law Cited

Protection of Women from Domestic Violence Act, 2005 – Section 12Guardian and Wards Act, 1890 – Section 10Family Courts Act, 1984 – Section 7(1)(A)

Submissions & Arguments

Contentions of Appellants / Petitioners

Shruthi R. and Sujesh Pachiriyan challenged the Child Welfare Committee, Kasaragod, order transferring custody of the minor child. They contended that the CWC acted without providing an opportunity of hearing to both parents and that custody should be adjudicated by the Family Court in accordance with welfare principles and applicable statutes. The revisions and family court petitions sought to secure custody arrangements and to ensure timely decision-making, including interim custody arrangements

Contentions of Respondents

State of Kerala, CWC Kasaragod, SHO Hosdurg, Sheela A.P., and others resisted, arguing that CWC custody orders are aimed at safeguarding the child’s welfare and that the Family Court process should determine ongoing custody with due process. Their submissions stressed adherence to statutory procedures under the Guardians and Wards Act and Family Courts Act, along with the need to balance familial rights and child protection concerns.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Shiju Joy v. Nisha2021 (2) KLT 607PositiveCited to direct the Family Court to dispose of the early hearing petition promptly and to follow guidelines set in the cited judgment.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** # **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 4[TH] DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 CRL.MC NO. 1160 OF 2021 MC.NO. 13/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, HOSDRUG** ## **PETITIONERS/RESPONDENTS 2 & 3:** **1 SHEELA P., AGED 54 YEARS W/O. RAVINDRAN V.V., SREYAS, OZHINHAVALAPPU, PADANNAKKAD, NILESHWAR, HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671314. 2 RAVINDRAN V.V., AGED 64 YEARS S/O. C.H.CHANDU, SREYAS, OZHINHAVALAPPU, PADANNAKKAD, NILESHWAR, HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671314.** **BY ADV T.K.VIPINDAS** ## **RESPONDENTS/PETITIONER & 1ST RESPONDENT:** **1 SHRUTHI.R., AGED 33 YEARS W/O. SUJESH P., RESIDING AT C/O. VINODKUMAR, SHYAMALALAYAM HOUSE, KANHANGAD SOUTH, KANHANGAD VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671315. 2 SUJESH P., AGED 39 YEARS S/O.RAVINDRAN P., SREYAS, OZHINHAVALAPPU, PADANNAKKAD, NILESHWAR, HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671314. (PRESENTLY RESIDING AT PACHIRIYAN HOUSE, P.O.VENGAD, KANNUR, PIN-670612).** **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 2 **3 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PN-682031.** **BY ADVS. BIJI A MANIKOTH RAMADEVI.P V.S.ABHISHEK** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.04.2022, ALONG WITH OP(FC).NO.99/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 3 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 4[TH] DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 RPJJ NO. 9 OF 2021** **AGAINST THE ORDER NO.CWC/KSD/458/2021 PASSED BY THE CHILD WELFARE COMMITTEE, KASARGOD IN CASE NO.151/2020** ## **REVISION PETITIONER:** **SHRUTHI R, AGED 33 YEARS D/O RAVEENDRAN V.V., SREYAS, OZHINHAVALAPPIL, PADANNAKKAD, NILESWAR, HOSDURG TALUK, KASARGOD-671314.** **BY ADVS. K.P.PRADEEP HAREESH M.R. RASMI NAIR T. T.T.BIJU T.THASMI M.J.ANOOPA SWATHI GUPTHA** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT, KOCHI-682031.** **2 CHILD WELFARE COMMITTEE REPRESENTED BY ITS CHAIRPERSON, GOVERNMENT CHILDREN'S HOME,** **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 4 ## **PARAVANDUKKAM, KASARGOD-671317.** - **3 STATION HOUSE OFFICER HOSDURG POLICE STATION, HOSDURG, KASARGOD-671315.** - **4 SHEELA A.P., AGED 54 YEARS W/O RAVEENDRAN V.V., SREYAS, OZHINHAVALAPPIL, PADANNAKKAD, NILESHWAR, HOSDURG TALUK, KASARGOD-671314.** **5 *ADDLR5 SUJESH P., AGED 39 YEARS S/O.RAVINDRAN P., PACHIRIYAN HOUSE, ANJARAKANDY, VENGAD, KANNUR, PIN-670612. (ADDL.R5 IS IMPLEADED AS PER ORDER DATED 12.11.2021 IN I.A.NO.2/21).** **BY ADVS. P.SANJAY R.LEELA A.PARVATHI MENON BIJU MEENATTOOR KIRAN NARAYANAN PAUL VARGHESE (PALLATH) P.A.MOHAMMED ASLAM PRASOON SUNNY RAHUL RAJ P. M.R.JAYALATHA** **THIS REV.PETITION(JUVENILE JUSTICE) HAVING COME UP FOR ADMISSION ON 04.04.2022, ALONG WITH OP (FC).NO.99/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 5 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 4[TH] DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 RPJJ NO. 10 OF 2021** **AGAINST THE ORDER NO.CWC/KSD/458/2021 PASSED BY THE CHILD WELFARE COMMITTEE, KASARGOD IN CASE NO.151/2020** ## **REVISION PETITIONER/S:** **SUJESH PACHIRIYAN, AGED 39 YEARS S/O.RAVINDRAN PACHIRIYAN, PACHIRIYAN HOUSE, ANJARAKANDY, VENGAD, KANNUR DISTRICT, PIN - 670 612.** **BY ADVS. M.R.JAYALATHA R.LEELA** ## **RESPONDENTS:** **1 THE STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT, KOCHI - 682 031.** **2 THE CHILD WELFARE COMMITTEE REPRESENTED BY ITS CHAIRPERSON, GOVERNMENT CHILDREN'S HOME, PARAVANADUKKAM, KASARAGOD - 671 317.** **3 THE STATION HOUSE OFFICER HOSDURG POLICE STATION, HOSDURG, KASARAGOD - 671 315.** **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 6 **4 SHEELA P. AGED 54 YEARS W/O.RAVINDRAN V.V., 'SREYAS', OZHINHAVALAPPIL, PADANNAKKAD, NILESWAR, HOSDURG TALUK, KASARAGOD - 671 314.** - **5 SHRUTHI R. AGED 33 YEARS D/O.RAVEENDRAN V.V., 'SREYAS', OZHINHAVALAPPIL, PADANNAKKAD, NILESWAR, HOSDURG TALUK, KASARAGOD - 671 314.** **BY ADV K.P.PRADEEP** **THIS REV.PETITION(JUVENILE JUSTICE) HAVING COME UP FOR ADMISSION ON 04.04.2022, ALONG WITH OP (FC).99/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 7 **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 4[TH] DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 OP (FC) NO. 99 OF 2022** **IN OP.NO.406/2021 OF FAMILY COURT, KASARAGOD** ## **PETITIONER/PETITIONER:** **SHRUTHI R, AGED 34 YEARS, D/O RAVEENDRAN V.V, SREYAS, OZHINHAVALAPPIL, PADANNAKKAD, NILESWAR, HOSDURG TALUK, KASARGOD-671 314.** **BY ADVS. K.P.PRADEEP HAREESH M.R. SANAND RAMAKRISHNAN RASMI NAIR T. T.T.BIJU T.THASMI M.J.ANOOPA** ## **RESPONDENT/RESPONDENT:** **SUJESH PACHIRIYAN, AGED 40 YEARS, S/O RAVINDRAN, PACHIRIYAN HOUSE, ANJARAKANDY, VENGAD P.O.KANNUR-670 612** **BY ADV M.R.JAYALATHA M.R** **THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 04.04.2022, ALONG WITH OP (FC).NO.156/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 8 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **&** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS MONDAY, THE 4[TH] DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 OP (FC) NO. 156 OF 2022** **IN ORDER DATED 07.09.2021 IN OP.NO.238/2021 OF FAMILY** ## **COURT, KASARAGOD** ## **PETITIONER/1ST RESPONDENT IN OP:** **SHRUTHI R., AGED 34 YEARS D/O.RAVEENDRAN V.V., SREYAS, OZHINHAVALAPPIL, PADANNAKKAD, NILESWAR, HOSDURG TALUK, KASARAGOD-671 314.** **BY ADVS. K.P.PRADEEP SANAND RAMAKRISHNAN HAREESH M.R. RASMI NAIR T. T.T.BIJU T.THASMI M.J.ANOOPA** ## **RESPONDENTS/PETITIONER AND 2ND RESPONDENT IN OP:** - **1 SUJESH PACHIRIYAN, AGED 40 YEARS S/O.RAVINDRAN PACHIRIYAN, PACHIRIYAN HOUSE, ANJARAKANDY, VENGAD P.O., KANNUR-670 612.** - **2 SHEELA P., AGED 54 YEARS W/O.RAVEENDRAN. V., SHREYAS, NILESHWAR, OZHINHAVALAPPU, PADNEKKAD P.O., NILESWAR VIA, KASARAGODE-671 314.** **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 9 **THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 04.04.2022, ALONG WITH OP (FC).NO.99/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 10 ## **O R D E R** A.Muhamed Mustaque, J. These matters are related to custody of the minor child born in the wedlock between Shruthi and Sujesh Pachiriyan. ## R.P.J.J.Nos.9 & 10 of 2021 3. R.P.(J.J.) No.9 of 2021 is filed by Shruthi challenging an order of the Child Welfare Committee, Kasaragod. The Child Welfare Committee passed an order, handing over the child to the mother of Shruthi. Sri.Sujesh, the husband of Shruthi, also filed R.P.(JJ) No.10 of 2021 challenging the order of the Child Welfare Committee, the very same order challenged by Shruthi. We shall advert to both revisions filed by Shruthi and Sujesh before considering the matter further. 4. The child is now admittedly in the custody of the mother. The impugned order appears to have been **CRL.MC NO. 1160 OF 2021 & CONN. CASES** **==> picture [12 x 9] intentionally omitted <==** passed without affording an opportunity of hearing to both Shruthi and Sujesh. The Child Welfare-Committee can pass an order granting custody to foster parents only in circumstances where either of the parent, found to be incapacitated to provide care and protection to the child. 5. Now, it is admitted that, Sujesh has filed a petition for custody before the Family Court, Kasaragod. It is appropriate that, the Family Court, Kasaragod decide the matter in regard to custody, and to pave the way for such consideration, we quash the orders impugned in both revisions. Crl.M.C.No.1160 of 2021 6. This Crl.M.C is filed by the parents of Shruthi challenging the proceedings initiated against them under the Domestic Violence Act in M.C.No.13 of 2021 on the file of JFCM-I, Hosdurg. Shruthi filed a petition under Section 12 of the Protection of Women **CRL.MC NO. 1160 OF 2021 & CONN. CASES** **==> picture [13 x 9] intentionally omitted <==** from Domestic Violence Act, 2005. Essentially, the prayer as against her parents, is to produce the child before the Court and to grant custody to her. She also has complained against physical and mental harassment meted out to her by her parents. Shruthi filed an affidavit in R.P.(J.J.) No.9 of 2021, stating that she has no complaint against her parents. She also stated that, she is no longer interested to stay with her parents. She further stated that she has no objection in closing the proceedings against her parents pending before the Station House Officer, Hosdurg and Superintendent of Police, Kasaragod. Recording the above, we quash the proceedings in M.C.No.13 of 2021 of JFCM-I, Hosdurg as against the petitioners. ## O.P.(F.C).No.99 of 2022 7. This petition was filed for an early disposal of the divorce petition filed by Shruthi pending before the Family Court, Kasaragod as O.P.No.406 of 2021. In **CRL.MC NO. 1160 OF 2021 & CONN. CASES** **==> picture [13 x 9] intentionally omitted <==** the light of the judgment of this Court in **Shiju Joy v. Nisha [2021 (2) KLT 607],** the Family Court is directed to dispose of the early hearing petition filed by her at the earliest. The Family court shall dispose of the case strictly following the guidelines in the above judgment. ## O.P.(F.C).No.156 of 2022 8. This original petition was filed challenging an interim order passed by the Family Court. The order reads thus: “Petitioner appeared. Respondent No.1 entered appearance. Counsel appeared for both respondents. Heard. Respondents shall not remove child from the house until further order. Posted for appearance of spouses for counselling......” 9. This order appears to have been passed in the light of the order passed by the Child Welfare Committee. We are of the view that, the Family Court shall pass appropriate orders on the interim custody, at the ## **CRL.MC NO. 1160 OF 2021 & CONN. CASES** **==> picture [13 x 9] intentionally omitted <==** earliest, after hearing both parties. The Family Court is directed to pass an order on interim custody within a period of two weeks from the date of receipt of a copy of this order. It is undertaken by the counsel for Shruthi that, the child shall not be removed beyond the State of Kerala, till an order is passed by the Family Court on interim custody. These matters are disposed of as above. Sd/- **A.MUHAMED MUSTAQUE, JUDGE** Sd/- **SOPHY THOMAS, JUDGE** AS **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 15 ## **APPENDIX OF CRL.MC 1160/2021** ## **PETITIONER ANNEXURES** |**ANNEXURE A1**|**THE TRUE COPY OF THE MEMORANDUM OF**| |---|---| ||**PETITION FILED UNDER SECTION 12 OF THE**| ||**PROTECTION OF WOMEN FROM DOMESTIC**| ||**VIOLENCE ACT, 2005.**| |**ANNEXURE A2**|**TRUE COPY OF THE FIR IN CRIME**| ||**NO.1328/2020 OF HOSDURG POLICE STATION**| ||**LODGED BY THE 2ND RESPONDENT.**| |**ANNEXURE A3**|**THE TRUE COPY OF THE PROCEEDINGS OF THE**| ||**CHILD WELFARE COMMITTEE DATED 15.12.2020**| ||**IN CWC/KSD/662/2020.**| |**ANNEXURE A4**|**TRUE COPY OF THE UNDERTAKING SUBMITTED**| ||**BY THE 1ST PETITIONER BEFORE CHILD**| ||**WELFARE COMMITTEE, KASARAGOD DATED**| ||**15.12.2020.**| |**ANNEXURE A5**|**TRUE COPY OF C.M.P.711/2021 IN**| ||**M.C.13/2021 ON THE FILE OF JUDICIAL**| ||**FIRST CLASS MAGISTRATE COURT-I, HOSDURG.**| **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 16 ## **APPENDIX OF RPJJ 9/2021** |**PETITIONER'S**|**ANNEXURES:**| |---|---| |**ANNEXURE A1**|**TRUE COPY OF THE FIR NO.1328 OF 2020**| ||**DATED 10.12.2020 OF HOSDURG POLICE**| ||**STATION, KASARGOD.**| |**ANNEXURE A2**|**THE COMPLAINT FILED BY THE SUREJSH P /**| ||**PETITIONER'S HUSBAND DATED 10.12.2020**| ||**BEFORE THE HOSDURG POLICE STATION.**| |**ANNEXURE A3**|**FINAL REPORT IN CRIME NO.1328/2020 DATED**| ||**11.12.2020.**| |**ANNEXURE A4**|**TRUE COPY OF THE REPORT OF THE POLICE**| ||**11-12-2020 TO THE 2ND RESPONDENT.**| |**ANNEXURE A5**|**TRUE COPY OF THE ORDER OF**| ||**NO.CWC/KSD/662/2020 DATED 15.12.2020**| ||**ISSUED BY THE 2ND RESPONDENT.**| |**ANNEXURE A6**|**TRUE COPY OF THE ORDER**| ||**NO.CWC/KSD/688/2021 DATED 28/12/2020**| ||**ISSUED BY THE 2ND RESPONDENT.**| |**ANNEXURE A7**|**TRUE COPY OF THE ORDER**| ||**NO.CWC/KSD/458/2021 DATED 02.09.2021**| ||**ISSUED BY THE 2ND RESPONDENT.**| |**ANNEXURE A8**|**TRUE COPY OF THE MC NO.13 OF 2021 BEFORE**| ||**THE JUDICIAL FIRST CLASS MAGISTRATE-1**| ||**FILED BY THE PETITIONER.**| |**ANNEXURE A9**|**TRUE COPY OF THE OP NO.406 OF 2021**| ||**BEFORE THE FAMILY COURT, KASARGOD FILED**| ||**BY THE PETITIONER.**| |**ANNEXURE A10**|**TRUE COPY OF THE OP NO.238 OF 2021**| ||**BEFORE THE FAMILY COURT, KASARGOD FILED**| **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 17 ## **BY THE PETITIONER'S HUSBAND.** **ANNEXURE A11 TRUE COPY OF THE ORDER DATED 3.3.2021 ISSUED IN CRL.M.APPL NO.1/2021 IN CRL.MC NO.1160/2021. ANNEXURE A12 TRUE COPY OF THE PETITION NO 161/KSD/D/PTN/21 DATED 27/08/2021 AND THE ANNEXURE PROCEEDINGS SHEET OF THE DEPUTY SUPERINTENDENT OF POLICE, KANGANGAD.** ## **RESPONDENT'S ANNEXURES:** **ANNEXURE R4(1) TRUE COPY OF THE ORDER DATED 11.12.2020 OF THE CHILD WELFARE COMMITTEE, KASARAGOD ANNEXURE R4(2) TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE SECOND RESPONDENT IN O.P.NO.238/2021 OF THE FAMILY COURT, KASARAGOD. ANNEXURE R4(3) TRUE COPY OF THE DOCTOR'S NOTE ISSUED TO 4[TH] RESPONDENT'S HUSBAND BY DR.UMER FAROOQUE ANNEXURE R4(4) TRUE COPY OF THE REPRESENTATION DATED 13.10.2021 SUBMITTED BEFORE THE DY.S.P., KANHANGAD ANNEXURE R4(5) TRUE COPY OF THE ENVELOPE WITH THE ADDRESS IN ANNEXURE A9 AND THE ENDORSEMENT.** **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 18 ## **APPENDIX OF RPJJ 10/2021** ## **PETITIONER ANNEXURES** **ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO.1328/2020 OF HOSDURG POLICE, KASARAGOD DATED 10/12/2020, LODGED BY THE REVISION PETITIONER ALLEGING THE MISSING OF HIS WIFE & CHILD.** **ANNEXURE A2 A TRUE COPY OF THE COMPLAINT FILED BY THE REVISION PETITIONER DATED 10/12/2020 BEFORE THE HOSDURG POLICE STATION, KASARAGOD. ANNEXURE A3 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.1328/2020 OF THE HOSDURG POLICE STATION, KASARAGOD. ANNEXURE A4 A TRUE COPY OF THE PROCEEDINGS OF THE CHILD WELFARE COMMITTEE DATED 11/12/2020.** **ANNEXURE A5 A TRUE COPY OF THE PROCEEDINGS OF THE CHILD WELFARE COMMITTEE DATED 15/12/2020 IN NO.CWC/KSD/662/2020.** **ANNEXURE A6 A TRUE COPY OF THE PROCEEDINGS OF THE CHILD WELFARE COMMITTEE DATED 2/9/2021 NO.CWC/KSD/458/2021.** **ANNEXURE A7 A TRUE COPY OF THE M.C.NO.13/2021 FILED BEFORE THE JFCM-I, HOSDURG BY THE 5TH RESPONDENT.** **ANNEXURE A8 A TRUE COPY OF THE PETITION FILED UNDER SECTION 10 OF GUARDIAN AND WARDS ACT AND U/S. 7(1) (A) OF FAMILY COURTS ACT VIDE O.P.NO.238/2021 BEFORE THE FAMILY COURT, KASARAGOD.** **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 19 ## **ANNEXURE A9** **A TRUE COPY OF THE COUNTER FILED BY THE 2ND RESPONDENT BEFORE THE FAMILY COURT, KASARAGOD DATED 16/08/2021 IN OP NO.238/2021.** **ANNEXURE A10** **A TRUE COPY OF THE INTERIM ORDER DATED 7/9/2021 OF THE LEARNED FAMILY COURT, KASARAGOD IN OP NO.238/2021.** **ANNEXURE A11** **A TRUE COPY OF THE COUNTER IN RP.JJ 9/2021 DATED 28/10/2021 FILED BY THE 4TH RESPONDENT BEFORE THIS HON'BLE COURT.** **ANNEXURE A12** **A TRUE COPY OF THE CRL.M.A.NO.1/2021 IN RP.JJ 9/2021 DATED 24/11/2021 FILED BY THE 4TH RESPONDENT BEFORE THIS HON'BLE COURT.** **ANNEXURE A13 A TRUE COPY OF THE APPLICATION DATED 1/10/2021 SUBMITTED BEFORE THE CWC BY THE REVISION PETITIONER.** **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 20 ## **APPENDIX OF OP (FC) 99/2022** **PETITIONER EXHIBITS** **EXHIBIT P1** **TRUE COPY OF THE MARRIAGE CERTIFICATE NO 20/2012 DATED 23.3.2021 ISSUED BY THE REGISTRAR OF MARRIAGE, NILESWAR MUNICIPALITY** **EXHIBIT P2 TRUE COPY OF THE PETITION IN OP NO 325 OF 2021 PENDING BEFORE THE FAMILY COURT KASARAGOD FILED BY THE RESPONDENT** **EXHIBIT P3** **TRUE COPY OF THE PETITION IN OP NO 406 OF 2021 PENDING BEFORE THE FAMILY COURT, KASARAGOD FILED BY THE PETITIONER** **EXHIBIT P4** **TRUE COPY OF THE I.A.NO.1 OF 2022 IN O.P.NO.406/2021 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KASARAGOD** **CRL.MC NO. 1160 OF 2021 & CONN. CASES** 21 ## **APPENDIX OF OP (FC) 156/2022** **PETITIONER'S EXHIBITS** **EXHIBIT P1 TRUE COPY OF THE ORIGINAL PETITION NO 238 OF 2021 FILED AND PENDING BEFORE THE FAMILY COURT KASARGODE** **EXHIBIT P2 TRUE COPY OF THE NOTICE IN FORM NO 1 IN OP NO 238 OF 2021 OF THE FAMILY COURT, KASARGODE** **EXHIBIT P3 TRUE COPY OF THE ORDER 7.9.2021 IN OP NO 238 OF 2021 OF THE FAMILY COURT, KASARGODE**