Dana Vamadevan Das vs Sunil Anirudhan on 29 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 63 of 2008()


1. DANA VAMADEVAN DAS, `DANA',
                      ...  Petitioner

                        Vs



1. SUNIL ANIRUDHAN, S/O.ANIRUDHAN,
                       ...       Respondent

2. LAILA DAS, W/O.VAMADEVAN DAS,

                For Petitioner  :SRI.GRASHIOUS KURIAKOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :29/05/2008

 O R D E R
                 J.B.Koshy & P.N.Ravindran, JJ.
                =====================
                       M.F.A.No.63 of 2008
                =====================

             Dated this the 29th day of May, 2008.

                             JUDGMENT

Koshy,J.

The respondent – husband filed an application for custody of

the child. The interim custody was given to the father. But at

the time of hearing, since the parties were abroad, the O.P. was

closed. It is the case of the appellant mother that as per the

interim order, custody of the child is with the father and her claim

has to be considered. But we note that in paragraph 5 of the

order, it is observed as follows:

“5. The parties will be at liberty to reopen the

case as and when they arrive at station, or when the

child is brought to station. No order as to costs.”

In the circumstances, we are of the view that no decision is taken

against the petitioner and the petitioner can file an application for

permanent custody of the child before the Family Court and if

MFA 63/08 -: 2 :-

such an application is filed, it should be disposed of as

expeditiously as possible untrammelled by the observations in the

interim order and the final order.

The appeal is disposed of as above.

J.B.Koshy,
Judge.

P.N.Ravindran,
Judge.

ess 29/5