IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 22056 of 2009(R) ------------------------------- OP.89/2008 of FAMILY COURT,THRISSUR .................... PETITIONER(S): --------------- DR.THAJ ABDUL REHMAN, AGED 35 YEARS, OASIS, NETHAJI NAGAR, HPO ROAD, OLAVAKKODE, PALAKKADU, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER S.A.ABDUL SALEEM, AGED 48 YEARS, S/O.SYED ALI, KUTTIKUNNU HOUSE, NEAR GOVT. HIGH SCHOOL, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL RESPONDENT(S): --------------- RAJEENA,D/O.P.K.KUNHI MOHAMMED, AGED 27 YEARS, BLOSSOMS, P.O.PERINGAVU, CHEROOR ROAD, THRISSUR DISTRICT REPRESENTED BY HER FATHER AND POWER OF ATTORNEY HOLDER KUNJUMUHAMMED, S/O.PUTHUVEETTIL KUNJU MOIDEEN, "BLOSSOMS" P.O.PERINGAVU, CHEROOR ROAD, THRISSUR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1: TRUE COPY OF POWER OF ATTORNEY DT. 29/2/2008. EXT.P2: TRUE COPY OF MEMORANDUM OF ORIGINAL PETITION IN OP.89/2008. EXT.P3: TRUE COPY OF IA.349/2008 IN OP.NO.89/08. EXT.P4: TRUE COPY OF IA.5839/2008 IN OP.89/08 BEFORE THE FAMILY COURT. EXT.P5: TRUE COPY OF OBJECTION IN IA.5839/08. EXT.P6: TRUE COPY OF ORDER DT. 2/1/2009 IN OP.NO.89/08. EXT.P7: TRUE COPY OF IA.1288/2009 IN OP.89/08. EXT.P8: TRUE COPY OF OBJECTION SUBMITTED BY PETR. TO IA.1288/2009. EXT.P9: TRUE COPY OF IA.2056/09 IN OP.89/08. EXT.P10: TRUE COPY OF OBJECTION IN IA.2056. EXT.P11: TRUE COPY OF COMMON ORDER DT. 15/06/2009. A.K.BASHEER & P.S.GOPINATHAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.22056 OF 2009 - R - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2009 JUDGMENT Basheer, J: Having heard learned counsel for the parties and having perused the order impugned in this writ petition, we are of the view that the court below could have easily avoided this confusion and uncertainty and yet another round of litigation before this court. If only the court below had chosen to fix a date, this unnecessary imbroglio could have been avoided. 2. In that view of the matter, the writ petition is disposed of with a direction to the Family Court, Thrissur, to consider the prayer in I.A.2056/09 afresh and fix a date for production of the minor after hearing the respondent. Learned counsel points out that the schools may be closed in September also in view of Ramzan and therefore custody of the child can be given to him during that period. These and all other relevant aspects shall be kept in view by the Family Court while fixing the date. Parties shall appear before the court below on 17th August, 2009. W.P.(C)No.22056 OF 2009 :: 2 :: 3. The court below shall pass appropriate orders in the matter as expeditiously as possible, at any rate, within ten days from the date of receipt of a copy of this judgment. We make it clear that we have not expressed any opinion on any of the ancillary or related disputes pending between the parties. Writ petition is disposed of. (A.K.BASHEER, JUDGE) (P.S.GOPINATHAN, JUDGE) jes