IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28123 of 2010(R)
1. SMITHA, D/O.DAMODARAN, AGED 33 YEARS,
... Petitioner
Vs
1. KRISHNAKUMAR.M.,
... Respondent
For Petitioner :SRI.BINOY VASUDEVAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :14/09/2010
O R D E R
THOTTATHIL B. RADHAKRISHNAN & P. BHAVADASAN, JJ.
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W.P.(C). No. 28123 of 2010
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Dated this the 14th day of September, 2010.
JUDGMENT
Thottathil B. Radhakrishnan, J,
This writ petition arises from a matter pending
before the Family Court, Malappuram. The petitioner and
the respondent have two children. They stay with the
petitioner, the mother. The respondent, the father, has
applied to the family court for custody and other rights in
relation to the children. That matter is listed for trial in the
special list on 20.9.2010.
2. It appears that earlier there was an interim
order obliging the mother and her family members to make
the children available to the custody of the father during
holidays. By the passage of time, that matter has become
infructuous after having stood stayed by this court. Later, it
is stated, an adjournment was granted on condition that the
children will be delivered to the custody of the father.
3. As of now, we are of the view that the trial,
which is already listed, should proceed for a decision on
WPC. 28123/2010. 2
merits. Until then, in modification of the orders passed by
the court below, it is ordered that the respondent, the father,
will be permitted to visit the children in the residence of the
petitioner, the wife, as suggested by the learned counsel
appearing for her, for two hours after school hours. The
respondent will inform the petitioner through the counsel
appearing before the court below of the intended dates of
such visits. It is clarified that no direction contained in this
order would stand in the way of appropriate trial and the
court below will decide the matter untramelled by the
directions contained in this order.
The writ petition is ordered accordingly.
Thottathil B. Radhakrishnan,
Judge
P. Bhavadasan,
Judge
sb.