IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 18028 of 2008(S) -------------------------- AGAINST THE ORDER DATED 11/06/2008 IN IA1152/2008 IN OP.499/2008 of FAMILY COURT,KOZHIKODE .................... PETITIONER: ------------ LATHA M.P, 38 YEARS D/O M.P. BALAKRISHNA KURUP M.P HOUSE,CIVIL STATION KOZHIKODE-20 BY ADV. SRI.SHAIJAN C.GEORGE SMT.S.A.SHERLY SMT.SAJITHA GEORGE RESPONDENTS: ----------------- 1. NANDAKUMAR, AGED 42 YEARS S/O P. CHANDRAN, PAREKKAT HOUSE MALAPPURAM P.O KOZHIKODE -9 2. THE FAMILY COURT, KOZHIKODE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON 17/06/2008 DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------ W.P.(C) No. 18028 of 2008 ------------------------------------------- Dated this the 17th day of June 2008 JUDGMENT Kurian Joseph,J Challenge is on Ext.P1 order in I.A. 1152/2008 in O.P 499/2008 on the file of the Family Court Kozhikode. It is an exparte order; the petitioner submits. The petitioner is the respondent in that I.A. As per the impugned order, the petitioner herein has been restrained from taking her two children born in the 1st respondent herein, to outside the jurisdiction of the Family Court, Kozhikode, without permission from the 2nd respondent. It is submitted that as early as on 23.4.2008 the petitioner herein having taken the two children, gone to Kolkata and they have admitted in the schools in Kolkata. Now the I.A. is posted to 23.6.2008. If that be the factual situation, it is for the petitioner to bring the above fact to the notice of the Family court by filing a proper affidavit since the petitioner had already taken the children to Kolkata much prior to the passing of the order. With liberty to file an affidavit in that regard this writ petition is disposed of. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE es