IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 13478 of 2010(R) -------------------------- OP.1096/2009 of FAMILY COURT,THRISSUR .................... PETITIONER: --------------- ANUPAMA, AGED 37 YEARS, D/O. RAMAKRISHNAN, KODOKKO HOUSE, VIYYUR, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): --------------- BABURAJ, S/O. AYYAPPAN, MANNATH HOUSE, YAKKARA GANDHI NAGAR, PALAKKAD, NOW RESIDING AT 1001, SUNFLOWER, NEELKANTH GARDENS, GOVANDI EAST, MUMBAI. ADV. SRI.P.K.SAJEEV FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 13478/2010 APPENDIX EXT.P1: TRUE COPY OF THE PRIVATE COMPLAINT FILED BY HER BEFORE THE JFCM COURT 1 THRISSUR. EXT.P2: TRUE COPY OF O.P.NO. 707/2009 FILED BEFORE THE FAMILY COURT, THRISSUR. EXT.P3: TRUE COPY OF .P. NO. 1096/20099 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, THRISSUR. EXT.P4: TRUE COPY OF I.A. 3781/2009 IN O.P. 1096/2009. EXT.P5: TRUE COPY OF EXTRACT OF THE RODER DATED 12-4-2010 IN OP 1096/2009 OF THE FAMILY COURT, THRISSUR. EXT.P6: TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER DATED 16-4- 2010 BEFORE THE FAMILY COURT, THRISSUR. TRUE COPY P.S. TO JUDGE R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(C) NO. 13478 OF 2010 ============================ DATED THIS THE 17TH DAY OF MAY 2010 JUDGMENT Basant,J. This writ petition is directed against Ext.P5 order dated 12/4/2010. That was an interim order passed by the Family Court regarding custody of the minor child. The parties herein are parents of the child. The orders stood stayed a s per interim orders passed by this Court on 20/4/2010. 2. The child had taken ill and that is why the directions to hand over the child from 17/4/2010 to 30/4/20100 and 7/5/2010 to 15/5/2010 under the impugned order could not be honoured, submits the learned counsel for the petitioner. 3. We need not detain ourselves with the details of the said dispute. It is now agreed between the parties that instead of the dates mentioned in Ext.P5, the child shall be handed over by the petitioner-mother to the respondent-father on 20/5/2010 and the child shall be given back by the father to the mother on 30/5/2010. In the light of that stipulation by the agreement MAT APPEAL NO. 488/2009 2 between the parties, no further directions appear to be necessary. 4. This writ petition is accordingly allowed. We accept the undertaking of the writ petitioner-mother that the child shall be left under the custody of the father during the period 20/5/2010 to 30/5/2010 as agreed by the respondent-father. This writ petition is accordingly allowed. The impugned order shall stand modified to the above extent. 5. Hand over copy of this judgment to both counsel. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.