IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 10666 of 2009(R) -------------------------- OP.438/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER: --------------- CHRISTURAJ, AGED 38 YEARS,S/O.JAISON, HOUSE NO.58, MELTUS COLLAGE, ARADHANA NAGAR, SASTRI JN, KOLLAM EAST. BY ADV. SMT.KOCHUMOL KODUVATH RESPONDENT: --------------- LAETITIA SINDHU, AGED 35 YRS, DAUTHTER OF P.J.GEORGE,PALLIPARAMBIL HOUSE, AMARAVATHI.PO, FORT COCHIN. ADV. SMT.K.GIRIJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 10666/09 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE ORDER DATED 24.4.07 OF THE FAMILY COURT, ERNAKYLAM MADE IN IA NO.1271/07 IN OP NO.438/07 EXT.P2: TRUE COPY OF IA NO.646/09 ON THE FILES OF THE FAMILY COURT, ERNAKULAM. EXT.P3: TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT IN IA.NO.646/09 ON THE FILES OF FAMILY COURT, ERNAKULAM. EXT.P4: CERTIFIED COPY OF THE ORDER DATED 7.3.09 PASSED IN IA.NO.646/09 BY THE FAMILY COURT, ERNAKULAM. RESPONDENT'S EXTS: EXT.R1: TRUE COPY OF IA NO.647/09 IN OP 438/07 DATED 7.1.2009 FILED BY THE PETITONER BEFORE THE FAMILY COURT, ERNAKULAM. EXT.R1(2): TRUE PHOTOCOPY OF THE MARRIAGE AGREEMENT ENTERED INTO BETWEEN THE RESPONDENT AND THE SAID BINDU THOMAS DATED 2.4.08 HAVING NUMBER 47/IV/2008 OF KALPATTA SRO. EXT.R1(3): TRUE COPY OF THE JUDGMENT DATED 24.8.07 IN WPC 25053/07 R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 10666 OF 2009 ============================ DATED THIS THE 21ST DAY OF MAY 2009 JUDGMENT Basant,J. We have heard both counsel. We are satisfied that this petition can be allowed in part with appropriate further observations. We are informed that the arrangements struck by order dated 7-4-2009 has worked, though counsel for the respondent submits that the children were not too happy with the father when they were in the custody of the father from 7-5- 2009 to 11-5-2009. Schools are reopening on 1-6-2009 and we are satisfied that similar arrangements as were done by order dated 7-4-2009 can now be made for one more occasion during this summer vacation. 2. In the result this petition is allowed in part and the following directions are issued: (1)The children shall be produced by the respondent before WPC.10666/2009 -2- the Family Court at 11 a.m. on 25-5-2009. (2) The petitioner along with his mother shall appear before the Family Court and the children shall be entrusted to their custody. (3)The petitioner and his mother shall file a written undertaking before the Family Court that through out the time that the children are with the petitioner, the mother of the petitioner shall also be available with him to look after the children. The petitioner shall further undertake that the said other woman shall not be available in the house when he along with his mother takes the children to his house. (4)The children shall be produced back before the Family Court at 11 a.m.on 28-5-2009 and shall be returned to the respondent/mother. 3. The arrangements made by the Family court shall continue until further orders. But it is made clear that during future vacations – Onam, Christmas and summer, the petitioner shall be at liberty to apply before the Family Court and the Family court shall consider such requests and issue identical directions as were issued by this order and the earlier order dated WPC.10666/2009 -3- 7-4-2009, if such directions are found necessary. All appropriate objections, if any can be raised before the Family Court, who shall consider the same. 4. The Family Court shall make every endeavour to dispose of the O.P.itself as expeditiously as possible. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.