IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 23561 of 2008(S) -------------------------- OP.925/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER: ------------------ C.K.KUNHAMMED @ MAMAN, CHERIYA PARAMBIL HOUSE, PURANGE (PO), PANAMBAD, PONNANI TALUK, MALAPPURAM DISTRICT-679 584. BY ADV. SRI.C.M.ABRAHAM (CHALAMADAM) RESPONDENT: ------------------- 1. RAZIYA @ USHA, "PADMA SAROVARAM", UDAYAMPEROOR.P.O, ERNAKULAM DISTRICT-682 307. NOW RESIDING AT “SRUTHI”, KADUKAMANGALAM, THIRUVAMKULAM. 2. M.I.JOHNSON, "PADMA SAROVARAM", UDAYAMPEROOR.P.O, ERNAKULAM DISTRICT-682 307. NOW RESIDING AT “SRUTHI”, KADUKAMANGALAM, THIRUVAMKULAM. ADV. SRI.KKM.SHERIF FOR R1-2 SRI.T.K.SAIDALIKUTTY FOR R1-2 SRI.LAL K.JOSEPH FOR R1-2 SRI.A.A.ZIYAD RAHMAN FOR R1-2 SMT.SHEENA SAMUEL FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.23561/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE IST RESPONDENT DTD. 28/3/2001. EXT.P2 TRUE COPY OF THE ORDER IN A.NO.4466/07 IN OP.NO.546/002 OF THE HIGH COURT OF MADRAS DTD.9/7/2007. EXT.P3 TRUE COPY OF THE O.P.NO.925/2007 OF THE FAMILY COURT, ERNAKULAM DTD. 7/7/2007. EXT.P4 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS IN O.P.925/2007 DTD. 23/7/2007. EXT.P5 TRUE COPY OF THE I.A.NO,.2756/07 IN OP.NO.925/2007 OF THE FAMILY COURT DTD. 7/7/2007. EXT.P6 TRUE COPY OF THE I.A.NO.2988/2007 IN OP.NO.925/2007 OF THE FAMILY COURT DTD. 23/7/2007. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(C)NO.23561 OF 2008 -------------------------------- Dated this the 20th day of October, 2008 JUDGMENT Raman,J. The limited prayer made in this writ petition is for a direction to the court below to dispose of Exts.P5 and P6 at an early date. There is a further prayer for a direction to allow I.A.Nos.2756 and 2988/2007 forthwith and to grant interim custody of the children to the petitioner. Admittedly, the main O.P. is pending before the Family Court, Ernakulam. Petitioner is at present abroad and he is visiting India every three months. Some interim arrangements were made by this Court by earlier orders. In the light of the limited prayer made in this writ petition, after hearing both sides, we dispose of the writ petition as follows: 2. Since the petitioner will visit India by December, it is necessary that all the applications for interim custody are to be decided in accordance with law at an early date, so that in case it -2- WP(C).No.23561/2008 is found that the petitioner is entitled for interim custody, such arrangements could be made during his visit in December. However, if there is any question of jurisdiction raised in the matter now pending, such question will also be decided in accordance with law. Petitioner may approach the Family Court, Ernakulam along with a copy of this judgment for early disposal of the matter as stated above. Issue photocopy. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.