IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 WP(C).No. 11135 of 2010(R) -------------------------- OP.558/2009 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER(S): --------------- REJI GEORGE, AGED 38, S/O. C.G.GEORGE, RESIDING AT STARLET,AGASTHIACODE, ANCHAL VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.PRAVEEN K. JOY SRI.ADEEP ANWAR RESPONDENT(S): --------------- RUBY REJI, AGED 34,W/O.REJI GEORGE, RESIDING AT BOBBY HOUSE,VAZHATHOPPU, PIRAVANTHOR MURI, PIRAVUNTHOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM. ADV. SRI.JOHNSON GOMEZ FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(C) No. 11135 of 2010-R ------------------------------------------------- Dated this the 3rd day of August, 2010 JUDGMENT Basant,J. This writ petition is actually not relevant now, agree both sides. The child has already been produced before the Family Court. The matter was kept pending here because the counsel wanted to explore the possibilities of a harmonious settlement. It is now evident that the parties are not able to harmoniously settle all their outstanding disputes. 2. It is now prayed that there may be a direction for expeditious out of turn disposal of O.P.(G&W) No.558/09 pending before the Family Court, Kottarakkara. It is also prayed that appropriate interim directions may also be ordered to be issued regarding custody of the elder son of the parties pending disposal of that O.P.(G&W) No.558/09. W.P.(C) No. 11135 of 2010 -: 2 :- 3. As agreed by the parties, we do, in these circumstances, allow this writ petition in part and issue the following directions: (i) The Family Court, Kottarakkara, shall dispose of O.P. (G&W) No.558/09 as expeditiously as possible - at any rate, within a period of 3 months from the date on which a copy of this judgment is placed before the Family Court. (ii) The Family Court shall pass appropriate interim directions regarding visitorial rights of the respondent/mother in respect of the elder child `Melvin Reji' pending disposal of O.P.(G&W) No.558/09. Such interim directions regarding visitorial rights shall be issued within a period of 15 days from the date on which a copy of this judgment is placed before the Family Court. (iii) Both parties shall appear before the Family Court on 10/8/10 to enable the Family Court to comply with the above directions. 4. Hand over copies of this judgment to both counsel. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge W.P.(C) No. 11135 of 2010 -: 3 :- R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(C) No. 11135 of 2010-R ------------------------------------------------- Dated this the 23rd day of July, 2010 ORDER Basant,J. Both parties are present. We have interacted with them in the Chamber separately initially and together later. Both counsel were also present. Parties have not come to any definite or specific agreement or understanding till now. But we feel, they are proceeding in the proper direction. Certain proposals have been discussed. Both parties want time to think over the same and give their response. Call this petition again on 3/8/10. W.P.(C) No. 11135 of 2010 -: 4 :- 2. We direct that the elder child - Melvin Reji, shall be brought to this Court by the petitioner on that date. This is to facilitate interactions between the said child and his mother. We further direct that on all days the respondent shall be permitted to speak to the child over the telephone till the next date of posting between 4.30 p.m. and 5.30 p.m. R. BASANT (Judge) M.C. HARI RANI (Judge) Nan/