IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 OP (FC).No. 2133 of 2011(R) ---------------------- OP (G&W) NO.1010/2010 of FAMILY COURT, NEDUMANGAD ............... PETITIONER : ------------------- SAJI KUMAR, S/O.AYYAPPAN PILLAI, AGED 30 YEARS, RESIDING AT CHITTEDATHU PUTHEN VEEDU, MUMBALA, MARANGADU PO, UZHAMALAKKAL, THIRUVANANTHAPURAM. BY ADV. SRI.R.GOPAN RESPONDENT(S): ------------------------- 1. RETHI KUMARI, D/O.KRISHNAMMA, R.K.NIVAS, THOPPUMKATTAKKALIL CHITTUVEEDU, UZHAMALAKKAL DESOM, THIRUVANANTHAPURAM. 2. BABU, R.K.NIVAS, THOPPUMKATTAKKALIL CHITTUVEEDU, UZHAMALAKKAL DESOM, THIRUVANANTHAPURAM. BY THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- OP (FC).No. 2133 of 2011(R) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOCOPY OF THE COMPLAINT DATED 7.6.2010 FILED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, ARYANADU. EXT.P2 : PHOTOCOPY OF THE COMPLAINT DATED 25.6.2010 FILED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM. EXT.P2(a) : PHOTOCOPY OF THE ACKNOWLEDGEMENT CARD DATED 28.6.2010. EXT.P3 : PHOTOCOPY OF THE PETITION OP (G&W) NO. 1010/2010 DATED 12.8.2010 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, NEDUMANGADU. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn Thottathil B.Radhakrishnan & K.Surendra Mohan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = O.P.(F.C.).No.2133 of 2011 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 7th day of July, 2011. Judgment Thottathil B.Radhakrishnan, J. The petitioner, father of a four year old child, whose maternal grand parents are the respondents, seeks a direction for expeditious disposal of a petition filed seeking custody/guardianship orders in relation to that minor child, who unfortunately lost his mother. If any order is necessary in connection with the affairs of that minor, the petitioner is to move the Family Court. He is shown to have moved the Human Rights Commission and the Police and has now filed this original petition alleging that the child is being harassed by the maternal grand parents. On query by us, he does not say that he has filed any application for interim custody of the child. OPFC2133/11 -: 2 :- All that he seeks in this original petition is for a direction to the Family Court to dispose of the main matter, i.e., O.P.(G & W) No.1010 of 2010 which is stated to have been filed in August, 2010. It would be inappropriate for us to issue directions essentially fixing the board for the work of the Family Court when the petitioner has adequate opportunity to request the Family Judge either for expeditious consideration of the main matter or for grant of such interlocutory orders as may be necessary to secure the interest of the child and to protect and preserve its rights. This Original Petition is hence dismissed without prejudice to the petitioner taking recourse to such proceedings before the Family Court. Thottathil B.Radhakrishnan, Judge. K.Surendra Mohan, Judge. Sha/0807