IN THE HIGH COURT OF KERALA AT ERNAKULAM OP (FC).No. 183 of 2010(R) 1. KAVITHA, D/O.VARGHESE, MANICKATHAN ... Petitioner Vs 1. BINOJ BHARGAVAN, S/O.BHARGAVAN, ... Respondent For Petitioner :SMT.K.GIRIJA For Respondent :SRI.SAIBY JOSE KIDANGOOR The Hon'ble MR. Justice R.BASANT The Hon'ble MR. Justice M.L.JOSEPH FRANCIS Dated :05/10/2010 O R D E R R. BASANT & M.L. JOSEPH FRANCIS, JJ. ------------------------------------------------- O.P.(FC) No.183 of 2010-R ------------------------------------------------- Dated this the 5th day of October, 2010 JUDGMENT
This judgment must be read in continuation of our order
dated 4/10/10. We have received the report dated 5/10/10 from
the learned Judge of the Family Court, Ernakulam.
Subsequently, the learned counsel for the petitioner and the
respondent have appeared before us. They submit that the
learned Judge of the Family Court has already disposed of O.P.
(G&W) No.562/10 earlier on this day. In these circumstances,
the learned counsel submit that no further directions are
necessary in this O.P.(FC). The counsel, however, pray that the
Family Court may be directed to forthwith issue a copy of the
order in O.P.(G&W) No.562/10 as without a copy of the order in
O.P.(FC) No.183 of 2010 -: 2 :-
O.P.(G&W) No.562/10 the children face the prospect of
2. This O.P.(FC) is, in these circumstances, dismissed as
unnecessary now. We do, however, expect the Family Court,
Ernakulam, to forthwith furnish a copy of the order in O.P.
(G&W) No.562/10 to the petitioner in O.P.(G&W) No.562/10.
Compliance shall be reported to this Court.
3. Hand over a copy of this judgment to the learned
counsel for the petitioner.
M.L. JOSEPH FRANCIS
P.S. to Judge
O.P.(FC) No.183 of 2010 -: 3 :-
R. BASANT &
M.L. JOSEPH FRANCIS, JJ.
O.P.(FC) No.183 of 2010-R
Dated this the 4th day of October, 2010
The petitioner and the respondent are the only parties in
O.P.(G&W) No.562/10 pending before the Family Court,
Ernakulam. According to them, the matter has been settled
between the parties. They have already entered appearance
before the Family Court through counsel. They want emergent
orders for the final disposal of O.P.(G&W) No.562/10. They
have reasons for insisting on such orders. According to them,
their two minor children aged above 10 years and 4 years
respectively are likely to be deported if emergent orders are not
passed in O.P.(G&W) No.562/10. The said O.P. was filed on
5/4/10 and the compromise petition was filed on 20/9/10. In
spite of that, orders are not passed in that O.P. In these
circumstances, both the petitioner as also the respondent (who
have both entered appearance through counsel before us) pray
that there may be a direction for expeditious disposal of O.P.
(G&W) No.562/10. Both counsel pray that orders may be
O.P.(FC) No.183 of 2010 -: 4 :-
directed to be passed by 5/10/10 at the latest.
2. We are not satisfied that any such final or peremptory
directions need be issued now. We direct that a report of the
Family Court, Ernakulam, be called for to explain to us why O.P.
(G&W) No.562/10 is not disposed of . If the submission of both
counsel – Advocate Smt. K. Girija and Advocate Mr.Saiby Jose
Kidangoor, who appear for the parties is correct, the need to
pass emergent orders in the said O.P. is certainly there. We
expect the Family Court to pass appropriate orders in O.P.
(G&W) No.562/10 – in accordance with law of course, as
expeditiously as possible, even before submitting the report to
3. Call on 5/10/10 at 4 p.m. for report of the Family Court.
The Family Court shall forward the report to us through special
M.L. JOSEPH FRANCIS