IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 15352 of 2011(T) -------------------------------- PETITIONER: -------------- BABY, D/O. APPUKUTTAN, AGED 27 YEARS, ATHIRAPRAMBATH HOUSE, KAKKATHADAM, PARAMBIL PEEDIKA, THENHIPALAM, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------------ 1. THE HEADMASTER, DEVADAR U.P. SCHOOL, NEDIYIRUPPU, KONDOTTY, MALAPPURAM DISTRICT - 673 638. 2. THE HEADMASTER, G.M.L.P SCHOOL, CHARAMKUTHU, NEDIYIRUPPU, MALAPPURAM DISTRICT - 673 638. 3. SUNDARAN, S/O. AANDI, PADIPPUKANDATHIL HOUSE, NEDIYIRUPPU,MALAPPURAM DISTRICT - 673 638. BY ADVS. SRI.K.SHIBILI NAHA FOR R3 SMT.A.LOWSY FOR R3 SMT. RANI DIOTHIMA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.15352/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF F.I.R IN CRIME No.423/2010 OF KONDOTTY POLICE STATION DTD. 17.10.10. EXT. P2 : COPY OF PETITION IN M.C.No.274/2011 OF THE FAMILY COURT, MALAPPURAM FILED BY PETITIONER. 3RD RESPONDENT'S EXHIBITS: EXT. R3(a) : COPY OF REPORT ISSUED BY HEADMISTRESS OF R1 SCHOOL. EXT. R3(b) : COPY OF REPORT ISSUED BY HEADMISTRESS OF R2 SCHOOL. // True Copy // P.A. to Judge. smp T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.15352 Of 2011 -------------------------------------------------- DATED THIS THE 20th DAY OF JUNE, 2011 J U D G M E N T This Writ Petition is filed by the petitioner, who is the wife of the 3rd respondent. It is pointed out in the Writ Petition that they are having two children, namely Subesh aged 13 years and Subisha aged nine years. 2. There are various pending disputes between the petitioner and her husband including one before the Family Court, Malappuram. The main prayer in the Writ Petition is for a direction to respondents 1 and 2 to issue Transfer Certificates of the minor children for enabling her to admit the children in G.H.S.S., Peruvallur. 3. This Court passed an interim order dated 13.6.2011 directing issuance of the Transfer Certificates within three days from the date of receipt of a copy of the order and it is submitted that the Transfer Certificates have been issued already. 4. The learned counsel appearing for the 3rd respondent submitted that Exhibits R3(a) and R3(b) produced along with the W.P.(C)No.15352/11 -2- counter affidavit will show that the children were never sent to school after the petitioner and the 3rd respondent were separated in October, 2010. It is also pointed out that the allegations in the Writ Petition that the threat made by the 3rd respondent has resulted in the non-attendance of the children in the school is also not correct. It is also pointed out that the 3rd respondent has already moved the Family Court for getting interim custody of the children. The subject matter of the Writ Petition is issuance of Transfer Certificates to the children of the petitioner and therefore I am not considering any inter se dispute between the petitioner and the 3rd respondent, since the said disputes are pending before the Family Court. Therefore, parties will be free to agitate all those disputes before the concerned Family Court. The Writ Petition is accordingly disposed of recording that the Transfer Certificates have already been issued. T.R.RAMACHANDRAN NAIR, JUDGE. dsn