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 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 22266 of 2009(R) -------------------------- GOP.1092/2008 of FAMILY COURT,THRISSUR .................... PETITIONERS: --------------- 1. PYARI JAAN, D/O.LATE VADAKKETHALAKKAL MUHAMMED, RESIDING AT ERATTUPRAMABIL HOUSE, KARUMATHRA, KONATHUKUNNU, THRISSUR DISTRICT. 2. MINOR SHAHZIL, AGED 3 YEARS, REPRESENTED BY THE MOTHER AND GUARDIAN 1ST PETITIONER PYARI JAAN. BY ADV. SRI.T.N.MANOJ RESPONDENT : --------------- ABDUL LATHIF, S/O.BEERAN HAJI, ERATTUPARAMBIL HOUSE, KARUMATHRA DESOM, IRINJALAKUDA. ADV.RAJESH CHAKYETT FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.22266 OF 2009 ----------------------------------------------------- DATED THIS THE 6th DAY OF AUGUST, 2009 J U D G M E N T Basant, J. The grievance of the petitioner is about the interim directions that were issued as per the impugned order in I.A.No.3255/09. A copy of that order is produced as Exhibit P11. It reads as follows: “I.A.No.3255/09 allowed to the extend of granting temporary custody on all 2nd Saturdays and Sundays till the disposal of the O.P. Call on 7.8.2009.” 2. The petitioner's grievance is that the learned Judge of the Family Court had not adverted to facts and had not passed a reasoned order. The petitioner wants to raise the contention that it would be unsafe to hand over custody of the child to the respondent/father for various reasons. The petitioner wants opportunity to advance those contentions. He wants the learned Judge of the Family Court to pass an order only after considering such contentions. 3. Respondent has entered appearance. The arguments have been heard. We are persuaded to agree that the learned W.P.(C)No.22266/09 -2- Judge of the Family Court can be directed to dispose of I.A.No.3255/09 afresh. After hearing both sides, an order on merits shall be passed by the learned Judge. Until such orders are passed, an interim direction is issued that the child shall be handed over to the custody of the father by the Family Court between 10AM and 4 PM on all second Saturdays. The child shall be taken from the Family Court at 10AM and given back at the Family Court at 4PM. This shall be reckoned as an interim arrangement and appropriate orders in I.A.No.3255/09 shall be passed by the Family Court before 10.9.2009. 4. Hand over copy of this judgment to the both counsel. The same shall be produced before the Family Court and the parties shall appear before the Family Court on 14.8.2009 for hearing and disposal of I.A.No.3255/09. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn