Smitha vs Krishnakumar.M on 14 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28123 of 2010(R)


1. SMITHA, D/O.DAMODARAN, AGED 33 YEARS,
                      ...  Petitioner

                        Vs



1. KRISHNAKUMAR.M.,
                       ...       Respondent

                For Petitioner  :SRI.BINOY VASUDEVAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :14/09/2010

 O R D E R
      THOTTATHIL B. RADHAKRISHNAN & P. BHAVADASAN, JJ.
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                           W.P.(C). No. 28123 of 2010
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                Dated this the 14th day of September, 2010.

                                         JUDGMENT

Thottathil B. Radhakrishnan, J,

This writ petition arises from a matter pending

before the Family Court, Malappuram. The petitioner and

the respondent have two children. They stay with the

petitioner, the mother. The respondent, the father, has

applied to the family court for custody and other rights in

relation to the children. That matter is listed for trial in the

special list on 20.9.2010.

2. It appears that earlier there was an interim

order obliging the mother and her family members to make

the children available to the custody of the father during

holidays. By the passage of time, that matter has become

infructuous after having stood stayed by this court. Later, it

is stated, an adjournment was granted on condition that the

children will be delivered to the custody of the father.

3. As of now, we are of the view that the trial,

which is already listed, should proceed for a decision on

WPC. 28123/2010. 2

merits. Until then, in modification of the orders passed by

the court below, it is ordered that the respondent, the father,

will be permitted to visit the children in the residence of the

petitioner, the wife, as suggested by the learned counsel

appearing for her, for two hours after school hours. The

respondent will inform the petitioner through the counsel

appearing before the court below of the intended dates of

such visits. It is clarified that no direction contained in this

order would stand in the way of appropriate trial and the

court below will decide the matter untramelled by the

directions contained in this order.

The writ petition is ordered accordingly.

Thottathil B. Radhakrishnan,
Judge

P. Bhavadasan,
Judge

sb.