IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 32753 of 2006(S)
1. SHEENA, AGED 32 YEARS,
... Petitioner
Vs
1. UNNIKRISHNAN, AGED 38 YEARS,
... Respondent
For Petitioner :SRI.RENJITH THAMPAN
For Respondent :SRI.T.N.MANOJ
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/03/2007
O R D E R
KURIAN JOSEPH & K.T. SANKARAN, JJ.
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W.P.(C). NO. 32753 OF 2006 S
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Dated this the 15th day of March,2007
JUDGMENT
Kurian Joseph, J.
Ext.P3 order passed by the Family Court, Thrissur
in I.A.No.3491 of 2006 in O.P.No.1348 of 2005 is under
challenge. It is an order passed regarding temporary
custody of the minor children. According to the
petitioner, the order is passed without conducting
proper enquiry as warranted under Section 13 of the
Guardian and Wards Act. Though several other
contentions are also taken, in the nature of the order
we propose to pass and in the nature of the clear stand
taken by the parties before this Court, it is not
necessary to refer to such contentions. As per the
impugned order, there is a direction to grant temporary
custody of the two elder children to the respondent on
second Saturdays and Sundays. Since the children are
only aged six and two, the submission is that during
night it will be conducive and in the better interest
of the children to have custody with the mother during
night.
W.P.(C). NO. 32753 OF 2006
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In the above circumstances, the Writ Petition is
disposed of making it clear that the custody of the two
elder children granted to the respondent during second
Saturdays and Sundays will only be during day time
between 10 am to 5 pm and they will be taken back to
the mother thereafter. The respondent will collect the
children from the house of the petitioner during second
Saturdays and Sundays at 10 am and return them there at
5 pm. There will also be a direction to the Family
Court to dispose of the Original Petition itself
expeditiously. It is also made clear that the Family
Court shall make every effort to see whether a
settlement of the dispute between the parties is
possible, before disposal of the case on merits.
(KURIAN JOSEPH)
Judge
(K.T.SANKARAN)
Judge
ahz/
W.P.(C). NO. 32753 OF 2006
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KURIAN JOSEPH&
K.T.SANKARAN, JJ.
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L.A.A.NO. OF
JUDGMENT
February, 2007
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