IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 17820 of 2010(R) -------------------------- GOP.964/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER(S): --------------- V.P.KAVITHA RANJINI @ URVASHI, AGED 40 YEARS,D/O.LATE V.PARAMESWARAN, RESIDING AT 143/3,9TH STREET, CHAKRAPANI NAGAR, MADHURAVOYIL, CHENNAI-600095. BY ADV. SRI.RAMPRASAD UNNI.T. SMT.SMITHA GEORGE RESPONDENT(S): --------------- MANOJ KADOM POOTHRA MADOM JAYAN @ MANOJ K.JAYAN, "THEJUS",1/4C1 KURREKKAD P.O., THRIPOONITHURA, PUTHYA KAVU, ERNAKULAM. ADV. SMT.SANGEETHA LAKSHMANA FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.17820 of 2010 ---------------------------------------- Dated this the 16th day of June 2010 J U D G M E N T Basant,J The writ petitioner has come to this Court aggrieved by Ext.P3 order passed by the Family Court which, on the face of it, is in her favour. She raises only one objection against the order. Operative portion of the order is extracted below: “In the result, the application is ordered as follows: The applicant is permitted to take the child to the ancestral temple at Chavara on a convenient day between 05/05/2010 and 12/5/2010 between 9 a.m and 5 p.m. The mother of the applicant or any person authorised by her mother shall accompany the child to the temple. The applicant shall ensure that the child shall not be exposed to media/TV camera at the time when she takes the child to her ancestral temple situated at Chavara. The respondent can arrange one of his relatives also to accompany the child to the temple at Chavara, Kollam District. No costs.” W.P.C. No.17820/10 : 2 : 2. The grievance of the petitioner is that the time allotted from 9 a.m to 5 p.m on the same day is too short a time for the petitioner to arrange the child to be taken to Chavara and to return her to the respondent/father. The learned counsel, on behalf of the petitioner, prays that the said time stipulated by the court may be reasonably and realistically modified. We requested the counsel to work out an arrangement by which parties can harmoniously implement the directions. We find that it has not been possible for them to come out with specific agreed upon proposals. We do, in these circumstances, think it proper and necessary to modify the impugned directions in a just and workable manner. 3. The learned counsel for the petitioner submits that the purpose of the petitioner is very clear and simple. Udayasthamana Pooja has to be conducted by the petitioner at the ancestral family temple at Chavara on any convenient day. For that, the presence of the child is required before sun rise at the temple. It will be impossible to take the child from the Family Court on that very day and ensure the presence of the child in the temple prior to sunrise to perform that Udayasthamana Pooja. It is therefore requested that any healthy W.P.C. No.17820/10 : 3 : and workable arrangement may be made by which the child can be handed over to the petitioner on the previous day so that the child can be returned to the respondent/father on the following day after the pooja. 4. We find her request to be perfectly justified. Of course, the learned counsel for the respondent points out that the fact that the pooja to be conducted was an Udayasthamana pooja was never brought to the notice of the Family Court. The learned counsel for the respondent further submits that the mother of the petitioner may not be willing to take up the responsibility of accompanying the child. We note that the Family Court has already made appropriate provisions for that as the mother can authorise any person to accompany the child. 5. In the result, a) This writ petition is allowed in part. b) The impugned directions are upheld in all other respects; but it is directed that the child shall be handed over to the petitioner/mother at the Family Court on 26/6/2010 at 5 p.m. The child shall be returned to the respondent/father at the Family Court at 5 p.m on 27/6/2010. All other directions/safeguards insisted by the Family Court vide the W.P.C. No.17820/10 : 4 : impugned order, the operative portion of which is extracted above, shall remain in force. 6. To avoid any possibility of further dispute, we direct that the mother of the petitioner must appear along with her in person before the Family Court to take the child. In the alternative, she must file an affidavit specifically authorising a specified person to accompany the child, as directed by the Family Court. 7. We are not disposing of this writ petition. The same shall be called on 28/6/2010 to ensure that the directions are peacefully and harmoniously complied with. We record the submission of the learned counsel for the petitioner that accommodation shall be arranged for the child and the representative of the respondent accompanying the child at Beach Orchid Hotel, Kollam. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C. No.17820/10 : 5 : W.P.C. No.17820/10 : 6 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009