IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 OP (FC).No. 499 of 2011(R) ----------------------------------- OP.668/2009 of FAMILY COURT, PALAKKAD .................... PETITIONER (S): ----------------------- ANANDA RAJ BHASKAR, AGED 32 YEARS, S/O.BHASKARAN, POOLAKKATTU HOUSE, KOLALAMBU DESOM, EDAPPAL VILLAGE, PONNANI TALUK, MALAPPURAM. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): ------------------------ SNEHA D/O. P.K.VELAYUDHAN, AGED 26 YEARS, SNEHALAYAM, THANNEERKODE DESOM, CHALISSERY VILLAGE, OTTAPPALAM TALUK-679101. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ O.P.(FC) No.499 of 2011-R ---------------------------------------------- Dated, this the 4th day of February, 2011 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court under Article 227 of the Constitution seeking a direction to the Family Court to consider and pass orders on Exhibit P2 application and to grant interim custody of minor child for one week. 2. Briefly put, the case of the petitioner is as follows: Petitioner is working in Bahrain and he is the husband of the respondent. There is a child born in the wedlock aged 5 years. Ext.P1 petition was filed under Section 7, 10 and 25 of the Guardian and Wards Act to get the custody of minor child Archana. It is stated that whenever petitioner came on leave, petitioner is to get interim custody of the minor child. Petitioner has last seen his child on 31.5.2010. He came to India on 7.1.2011 and immediately filed Ext.P2 application for interim custody of the child. It is stated that the Family Court, Palakkad is not sitting for nearly 7 months to his knowledge and that Ext.P2 application is now posted along with Ext.P1 to 16.3.2011. 3. We got a report through the Registrar (Judicial). The report inter alia stated that Smt.M.R.Anitha is yet to assume charge as OPFC 499/2011 -2- the Judge of the Family Court and the District Judge Palakkad is the Additional Family Court under the Family Courts Act. Therefore, the functions of the Family Court can be exercised by the District Judge, Palakkad till Smt.M.R.Anitha takes charge. 4. Admittedly, Ext.P2 petition is posted to 16.3.2011. Petitioner may move an application to advance Ext.P2 petition to an earlier date in view of his case that he has to go back, before the District Judge, Palakkad who is now functioning as the Family Court in the absence of Smt.M.R.Anitha and seek for an early disposal of Ext.P2 and it is for the Family Court functioning as aforesaid to take cognizance of the facts and pass orders on the same. The writ petition is disposed of as above. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS