IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 1579 of 2009(S) ------------------------- GOP.677/2008 of FAMILY COURT, PALAKKAD .................... PETITIONER(S): --------------- LESLY CHANDY, PACHAMKULLATH GREEN HILL, NEAR RAILWAY STATION, THIRUVALLA. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): --------------- 1. BINDU ABRAHAM, KEERIKKATTU HOUSE, VADAKENCHERY VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT. 2. KUNJAMMA ABRAHAM, KEERIKKATTU HOUSE, VADAKENCHERY VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT. 3. SUB INSPECTOR OF POLICE, VADAKENCHERY, PALAKKAD. ADV. SRI.JIJI THOMAS FOR R1 & R2 GOVT.PLEADER SRI. LAKSHMI NARAYAN - R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER;S EXHIBITS: Ext.P1: Copy of the order in O.P.(Divorce) 124/02 dated 13.12.2002. Ext.P2: Copy of the judgment in O.P. 511/06 dated 3.3.2002. Ext.P3: Copy of the petition in G.O.P. 677/08 dated 13.10.2008 Ext.P4: Copy of the petitioner of the petitioner dated 13.10.2008. Ext.P5: Copy of the petition of the petitioner dated 16.12.2008. Ext.P6: Copy of the objection of the 2nd respondent RESPONDENTS' EXHIBITS: NIL. P.R. RAMAN & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- W.P.(C) NO. 1579 OF 2009 --------------------------------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT Ravikumar J. The petitioner herein has filed G.O.P.No.677/2008 before the Family Court, Palakkad under Sections 7,12 and 25 of the Guardians and Wards Act, 1890 mainly with prayers to declare and appoint him as true guardian to the person of the minor child Evans Joel Leslie and to allow permanent custody of the said minor. The said O.P. now, stands posted to 2.3.2009. He has approached this Court to redress his grievance regarding non-consideration of his petition for interim custody of the said minor child born to him in the wedlock with the 1st respondent and also for a direction to the Family Court, Palakkad to dispose of G.O.P.No.677/2008. 2. The petitioner’s case is that the marriage between himself and the 1st respondent solemnized on 2.10.1999 was dissolved by the District Court, Pathanamthitta by granting a decree to that effect in O.P.(Divorce) No.124/2008 and that he is presently employed in Australia. W.P.(C)NO.1579/2009 2 According to him, when he returned from Australia he came to know that the first respondent got remarried and has abandoned the said minor child. It was in the said circumstances that he filed G.O.P.No.677/2008 and as he intended to return to his place of employment within two weeks, he moved a petition for interim custody of his minor son in the said Original Petition. 3. Notice was issued to both the respondents herein and they entered appearance through their counsel. During the course of arguments the petitioner expressed his willingness to stay back for some period for the purpose of getting a verdict in O.P.(Divorce) No.124/2008 now, pending before the Family Court, Palakkad and prayed for an appropriate direction. 4. In the circumstances, without going into the merits of the case, we are disposing of the Writ Petition as hereunder:- (i) The Family Court, Palakkad shall dispose of O.P.(Divorce) No.124/2008 pending on its file, within a period of 3 months from the date of receipt of a copy of this judgment; (ii) To enable the Family Court, Palakkad W.P.(C)NO.1579/2009 3 to comply with direction No.(i) above, the parties shall appear before that Court on 15.2.2009 and thereupon, the Family Court, Palakkad shall fix a date for completion of the pleadings on either side and proceed further, taking into account direction No.(i) above. The Writ Petition is disposed of accordingly. The parties shall bear their respective costs. (P.R. RAMAN) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO.1579/2009 4 P.R. RAMAN & C.T. RAVIKUMAR, JJ. W.P.(C)NO.1579/2009 JUDGMENT 23rd January, 2009 W.P.(C)NO.1579/2009 5