IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 12556 of 2010(R) -------------------------------------- OP.329/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER(S): ---------------------- 1. R.MADHU,S/O.RAGHAVAN, J.K.S,36/PERUMPOTTA ROAD,ELAMAKKARA P.O., COCHIN-16,FORM PLOT NO.11-TC 48/40. ASWATHY GARDERNS,AMBALATHARA. 2. P.V.VIJAYA KUMARI,W/O.R.MADHU, J.K.S,36/PERUMPOTTA ROAD,ELAMAKKARA P.O., COCHIN-16,FORM PLOT NO.11-TC 48/40. ASWATHY GARDERNS,AMBALATHARA. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): ------------------------- VIPIN.,S/O.G.V.PILLAI, T.C.51/2839,ROHINI, NEAR INDUSTRIAL ESTATE, PAPPANAMCODE,TRIVANDRUM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.12556 of 2010-R ---------------------------------------------- Dated, this the 8th day of April, 2010 J U D G M E N T K.M.Joseph, J. Petitioners are the grand parents of a minor child whose father is the Ist respondent. The mother of the minor child is alleged to have committed suicide. There is a sessions case, of course, pending against the respondent. Petitioners challenge Ext.P6 interlocutory order passed in O.P.No.329 of 2009. It is an application under Section 12 of the Guardian and Wards Act filed by the respondent seeking interim custody of the minor child. Taking note of the facts, the Family Court did not grant interim custody of the child during the pendency of the petition. It is ordered that the applicant is permitted to have access to the minor child from the Court premises from 2 pm to 4 pm on the 4th Saturdays of every month. Other conditions were also imposed. 2. We heard the learned counsel for the petitioners Sri.K.Subash Chandra Bose. He would submit that in the circumstances of the case, particularly having regard to WPC 12556/2010 -2- the suicide committed by the mother of the minor child, the Family Court should not have granted access to the respondent. We must remind ourselves that we are considering the matter under Article 227. We are not convinced that there is any jurisdictional error committed by the Family Court in permitting access to the father for two hours. The sessions case is yet to be concluded. In such circumstances, we are not inclined at all to interfere with the direction given providing access to the child for two hours in one month. The writ petition fails, and it is dismissed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS