IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 OP (FC).No. 1773 of 2011(R) --------------------------- PETITIONER ------------------------------ K.HARISH KUMAR, AGED 35 YEARS, S/O.M.N.HARIHARAN NAIR, KOZHIKKOTTU VEETTIL, VENGOOR VILLAGE, VENGOOR P.O, ERNAKULAM DISTRICT, PIN-683 546. BY ADV. SMT.K.R.HEERA RESPONDENT(S): --------------- LAKSHMI NARAYANAN, AGED 28 YEARS, D/O.P.K.NARAYANA PILLAI, PULLAPPILLIL HOUSE, THODUPUZHA POST. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- O.P.(F.C.). No.1773 of 2011 ----------------------------------------------- Dated 3rd June, 2011. J U D G M E N T Joseph, J. The Original Petition is filed with the following prayer: “Direct the Family Court, Thodupuzha to hear and dispose of I.A.No.1298/10 and O.P.349/2010 within a time limit to be fixed by this Hon'ble Court.” 2. Briefly put the case of the petitioner is as follows : Petitioner has filed O.P.No.349/10 before the Family Court, Thodupuzha, seeking dissolution of marriage with the respondent. There is reference to an earlier proceeding. The petitioner has also filed an application seeking temporary custody of the minor child under Section 26 of the Hindu Marriage Act, which is produced as Ext.P1. It is stated that the petitioner is promptly paying maintenance to the minor child. 3. Section 26 of the Hindu Marriage Act undoubtedly provides for passing interim orders with respect to the custody, maintenance and education of minor child, consistently with their wishes, wherever possible. This is apart from the power to O.P.(FC) 1773/11 2 make provision in the decree and also after the decree. Ext.P1 petition appears to be filed on 2.12.2010. It is brought to our notice that a counter affidavit is filed in the same. We direct the Family Court, Thodupuzha to take up Ext.P1 for consideration and pass orders thereon without delay and at any rate, within a period of two months from the date of production of a copy of this judgment before it. The Original Petition is disposed of as above. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.