IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17663 of 2010(R)
1. RESHMA, AGED 30,D/O.NEELAMAKIL MONY,
... Petitioner
Vs
1. U.V.MADHU, S/O.U.I.VIJAYAN,
... Respondent
2. U.I.VIJAYAN,
3. LEELA, W/O.U.I.VIJAYAN,
4. D.PAUL,E.M.HIGHER SECONDARY SCHOOL,
5. BADHANI E.M.S.SCHOOL,
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :21/06/2010
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P(C) No.17663 of 2010
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Dated this the 21st day of June, 2010
JUDGMENT
BASANT, J.
Petitioner is the mother of a minor child. Between the
father of the child and the petitioner, there are proceedings
before the Family Court. The petitioner has admitted the minor
child to a school in Choondal. The father of the child has
remarried and has already begotten another child in that
marriage, it is submitted. The father is now employed abroad.
Considering the nature of certain contentions raised in the
pending O.P, the petitioner/mother applied before the Family
Court for a direction to the school authorities (of the school
which the child is now attending) to issue transfer certificate of
the child so that the child could be got admitted to a nearer
school at Kunnamkulam. The father and mother of the husband
are already on the party array and notice has been given to
them. The learned Judge of the Family Court, in these
circumstances, felt that the father of the child shall also be heard
in this matter before any directions regarding the issue of
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transfer certificate is issued. Accordingly the learned Judge has
directed that notice be issued to the father of the minor child.
2. The petitioner has come to this Court with the
grievance that her prayer for issue of transfer certificate has not
been considered expeditiously by the Family Court.
3. Report of the Family Court was called for. The
learned Judge of the Family Court has explained the
circumstances under which notice has been ordered to the father
of the child. The matter now stands posted to 05.07.2010. As
soon as the father of the child is served, appropriate directions
shall be issued in accordance with law, undertakes the learned
Judge of the Family Court.
4. We have considered the submissions of the learned
counsel for the petitioner. We have perused the report of the
Family Court. We are of opinion that the Family Court
committed no indiscretion warranting interference in directing
that notice be issued to the father of the child before a decision
is taken on the question of shifting the child from the school
which the child presently attends to another school. The matter
stands posted to 05.07.2010, it is submitted. The learned
counsel for the petitioner submits that the parents of the father
W.P(C) No.17663 of 2010 3
of the child are already on the party array. The father of the
child is aware of the proceedings. The parents of the father are
opposing the application and, in these circumstances, the
failure/refusal of the father to appear need not be given undue
importance.
5. The petitioner can make all the submissions before
the Family Court. If the father is deliberately avoiding the
processes, it is for the Family Court to take a decision in the
matter. We need only observe that the matter shall be disposed
of by the Family Court as expeditiously as possible in accordance
with law.
6. This Writ Petition is, in these circumstances,
dismissed accepting the report of the Family Court. The Family
Court shall report compliance to the Court after disposal of the
application filed by the petitioner.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/
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W.P(C) No.17663 of 2010 5
R.BASANT & M.C.HARI RANI, JJ.
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W.P(C) No.17663 of 2010
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Dated this the 8th day of June, 2010
O R D E R
BASANT, J.
The short grievance of the petitioner is that I.A.No.3457 of
2010 filed by him before the Family Court, Trichur, seeking
interim directions in O.P.No.362 of 2010, is not disposed of by
the Family Court. According to the petitioner, there is great
urgency for passing orders in the said I.A as it affects the future
of the minor child. The grievance of the petitioner is that the
Family Court has not been able to dispose of the same so far.
2. Call for a report from the Family Court. Is
I.A.No.3457 of 2010 pending before that court? If so, why has
that not been disposed of? What time will be required by the
learned Judge to dispose of the said case? The report must
throw light on the above aspects. We need only mention that if
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there is no legal impediment, we expect the learned Judge to
dispose of the same as expeditiously as possible, in accordance
with law.
3. Await report of the learned Judge. Call on
18.06.2010.
4. Hand over a copy of this order to the learned counsel
for the petitioner for immediate production before the Family
Court. The Registry shall communicate the order to the Family
Court over telephone/fax.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/