IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 721 of 2007(S)
1. MANOJ ANSLEM REBEIRO,
... Petitioner
Vs
1. CANDEC ELIZEBETH REBEIRO,
... Respondent
For Petitioner :SRI.THOMAS ABRAHAM
For Respondent :SRI.V.V.NANDAGOPAL NAMBIAR
The Hon'ble MR. Justice M.RAMACHANDRAN
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :05/02/2007
O R D E R
M. RAMACHANDRAN & S.SIRI JAGAN, JJ.
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W.P(C).NO. 721 OF 2007 - S
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Dated this the 5th day of February, 2007
J U D G M E N T
Ramachandran, J.
By Ext.P2, the Supreme Court had directed that
the dispute of the parents would be decided by the Family
Court, Thiruvananthapuram untrammelled by any earlier
findings. On the strength of the order, the husband had
requested the Family Court that custody of the child is to
be handed over to him as visitational rights alone were
reserved in favour of the wife.
2. However, the Family Court found that there was
clarification required in the matter of visitational rights,
since the Supreme Court had not interfered with the issue
of custody while Ext.P2 order was passed. The petition was
not allowed for this reason. This order is under challenge,
now.
3. We had heard counsel for the petitioner as well
as respondents.
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4. We do not find any error in the manner in
which the issue has been approached by the court.
Learned counsel for the respondent submits that
expeditious steps will be taken to get the order of
clarification as had been referred to in the order of the
Family Court. The husband also may move for any such
orders, in his discretion. As and when such clarifications
come, the Family Court will have to take a decision in
consonance with the orders. We cannot set any time
limit for the purpose, but record the submission of the
respondent that whatever necessary will be done, without
delay.
The writ petition is therefore closed.
M. RAMACHANDRAN
(JUDGE)
S.SIRI JAGAN
(JUDGE)
Mbs/
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M. RAMACHANDRAN &
S. SIRI JAGAN, JJ
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W.P.(FC).NO. OF 200
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J U D G M E N T
DATED: -11-2006
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