IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 10052 of 2010(R) -------------------------- OP.703/2008 of FAMILY COURT, THIRUVALLA .................... PETITIONER: --------------- UNNIKRISHNAN, S/O. KUTTAPPAN, THACHIRKKAL VEEDU, JANTHA BAZAR, NIRAMARATHOOR.P.O THIROOR TALUK, MALAPPURAM. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT: --------------- SREEJA UNNIKRISHNAN, CHOONDAKKATTU, MALAYILVEEDU, PULLADUMURI, KOIPRAM VILLAGE, THIRUVALLA TALUK. ADV. SRI.SYAM J SAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.10052/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE ORDER DT. 14.7.2009 IN OP (OTHERS) 703 OF 2009 ALONG WITH THE COMPROMISE PETITION EXT.P2. COPY OF THE APPLICATION I.A. NO.793 OF 2010 FOR ADVANCING THE DATE OF HEARING EXT.P3. COPY OF THE APPLICATION I.A. NO.794 OF 2010 SEEKING DIRECTION TO THE RESPONDENT. PA TO JUDGE /TRUE COPY/ K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. --------------------------- W.P(C). No. 10052 OF 2010 -------------------------- Dated this the 7th day of April, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following two prayers: “Ii) Issue a writ of mandamus or any other writ or order directing the respondent to hand over the custody of the children to the petitioner for ten days as agreed in the compromise. ii) Direct the Family Court, Thiruvalla to advance the date of hearing of P3 application to a near date and to order the respondent to hand over the custody of the children to the petitioner as agreed in the compromise.” 2. The complaint of the petitioner is that there was a compromise between the petitioner and the respondent in terms on which custody of the children is to be granted through the court to the petitioner when the petitioner reaches India on leave, and petitioner moved an application when he came back from abroad on 15.3.2010 that without considering the urgency of the matter, the Family Court, Thiruvalla has posted the matter to 3.4.2010. 3. We heard the learned counsel appearing for the petitioner W.P.(C).No.10052/2010 2 and the respondent. 4. Learned counsel appearing for the respondent would submit that the respondent will produce the children before the Family Court, Thiruvalla on 9.4.2010 and allow the petitioner to take the children with him for a period of 10 days on condition that the petitioner will re-entrust the children with the respondent on 17.4.2010. Learned counsel appearing for the petitioner submits that the petitioner is agreeable to the same. We record the said submission of both parties and dispose of the writ petition. K.M.JOSEPH, (JUDGE ) M.L.JOSEPH FRANCIS, (JUDGE) vps W.P.(C).No.10052/2010 3 W.P.(C).No.10052/2010 4