IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 MFA.No. 63 of 2008() -------------------- OP(G&W)NO.826/2007 of FAMILY COURT, NEDUMANGAD .................... APPELLANT: IST RESPONDENT: ------------------------------------------------- DANA VAMADEVAN DAS, `DANA', MOOPAKUDI HOUSE, MELVETTOOR P.O., VETTOOR VILLAGE, VARKALA, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT, (NOW WORKING AS ASSOCIATE ACCOUNTANT HALLI BURTON, P.O.BOX NO. 3111, DUBAI, U.A.E.) BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: PETITIONER & 2ND RESPONDENT: ------------------------------------------------------------------------------ 1. SUNIL ANIRUDHAN, S/O.ANIRUDHAN, SINDHU NILAYAM, PANANTEMUKKU, PERUMKULAM P.O., KEEZHATTINGAL VILLAGE, THIRUVANANTHAPURAM DISTRICT, (NOW RESIDING AT P.B.NO.4807, BESIDE RAK ECONOMIC DEPARTMENT, RAZ-AL-KHAIMA, U.A.E. 2. LAILA DAS, W/O.VAMADEVAN DAS, DALI DAR VILLA, PUTHENCHANTHA, VARKALA P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. BY THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.Koshy & P.N.Ravindran, JJ. ===================== M.F.A.No.63 of 2008 ===================== Dated this the 29th day of May, 2008. JUDGMENT Koshy,J. The respondent - husband filed an application for custody of the child. The interim custody was given to the father. But at the time of hearing, since the parties were abroad, the O.P. was closed. It is the case of the appellant mother that as per the interim order, custody of the child is with the father and her claim has to be considered. But we note that in paragraph 5 of the order, it is observed as follows: "5. The parties will be at liberty to reopen the case as and when they arrive at station, or when the child is brought to station. No order as to costs." In the circumstances, we are of the view that no decision is taken against the petitioner and the petitioner can file an application for permanent custody of the child before the Family Court and if MFA 63/08 -: 2 :- such an application is filed, it should be disposed of as expeditiously as possible untrammelled by the observations in the interim order and the final order. The appeal is disposed of as above. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 29/5