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 9TH JUNE 2009 / 19TH JYAISHTA 1931 Mat.Appeal.No. 385 of 2009(D) ---------------------------- I.A.NO.943/08 IN O.P.NO.138/2007 OF FAMILY COURT, THIRUVANANTHAPURAM PETITIONER : RESPONDENT ------------------------- ARAVINDAN P.S., S/O.PARAVOOR SUKUMARA PILLAI, AGED 39 YEARS, NIRMALYAM, T.C.7/954-3, MARUTHANKUZHY, SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN M.A.ZOHRA R.S.MADHU MAHESH ANANDAKUTTAN RESPONDENT : PETITIONER ------------------------- SOBHA, D/O.GOPINATHA PILLAI, AGED 29 YEARS, KOONANTAZHIKOM, KONGAL PARAVOOR, KOLLAM. THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ Mat.Appeal No.385 of 2009 ------------------------------------- Dated this the 9th day of June, 2009 JUDGMENT BASANT, J. Appellant is the father of a minor child and the respondent herein is the mother of the child. The mother has filed an application for custody of the child. The child is now in the custody of the father. By the impugned order dated 20.04.09, an interim direction was issued that the child be handed over to the custody of the mother for a period of one month from 27.04.2009. According to the petitioner the child was handed over on 27.04.09. The child must have been returned to the father after a period of one month, ie. by 27.05.09. The child has not been handed over. The petitioner has rushed to this Court with this Mat.Appeal now. 2. Called upon to explain why the appellant has not moved the Family Court and sought relief from the Family Court to enforce the impugned direction, the learned counsel for the appellant submits that the appellant has filed an application before the Family Court to take up the matter. But the matter has not been taken up by the Family Court so far. The learned counsel for the appellant is unable to furnish details of the Mat.Appeal No.385 of 2009 2 petition said to have been filed by the appellant before the Family Court. 3. We find that the grievance of the appellant is justified. The order makes it clear that the mother can keep the child for a period of one month from 27.04.2009. She is therefore bound to return the child to the father by 27.05.09. If she has not done the same, the appellant is justified in moving the Family Court for enforcement of his right to get return of the child. If any such application has been filed, needless to say, the learned Judge of the Family Court has to take up the same for consideration and pass emergent orders on merits. With the above observations, this Mat.Appeal is dismissed. 4. Hand over a copy of this judgment to the learned counsel for the appellant, who shall produce the same before the learned Judge of the Family Court forthwith. The learned Judge shall take appropriate action on that application, if any pending or application if any to be filed at the earliest. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-