IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 37067 of 2008(S) -------------------------- AGAINST THE ORDER IN I.A 5046/2008 IN OP.1440/2008 of FAMILY COURT,ERNAKULAM .................... PETITIONERS: --------------- 1. DEVAKI, 60 YEARS, W/O.AYYAPPAN, PANAMKOOTTATHIL HOUSE, VETTUKKADU DESOM, KAINOOR VILLAGE, THRISSUR TALUK. 2. AYYAPPAN, 65 YEARS, S/O.KUTTAN, PANANKOOTTATHIL HOUSE, VETTUKADU DESOM, KAINOOR VILLAGE, THRISSUR TALUK, BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: --------------- 1. RADHAKRISHNAN, 43 YEARS, S/O.RAMANKUTTY, THALAPPILLI HOUSE, EDAVANAKKAD DESOM, EDAVANAKKAD VILLAGE, KOCHI TALUK, ERNAKULAM. 2. KAMALAKSHI, 82 YEARS, W/O.RAMANKUTTY, THALAPPIL HOUSE, EDAVANAKKAD DESOM EDAVANAKKAD VILLAGE, KOCHI TALUK, ERNAKULAM. ADV. SRI.GEO PAUL FOR RPTS. SRI.SANU MATHEW FOR RPTS. SRI.C.R.PRAMOD FOR RPTS. SRI.M.B.SANDEEP FOR RPTS. SRI.NOEL JOSEPH FOR RPTS. SRI.K.V.REJANISH FOR RPTS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(C) No.37067 of 2008 ------------------------------------- Dated this the 29th day of June, 2009 JUDGMENT BASANT, J. The writ petitioners are the grandparents of a little child aged 1 ½ years. The child is now with the 1st respondent, his father. The mother of the child had committed suicide. The petitioners/grandparents had approached the Family Court for custody and by the impugned interim order, the Family Court had granted them interim directions to keep the custody of the child from 10.30 am on every Saturday till 4 p.m on the ensuing Sunday. 2. The writ petitioners have come to this Court with a grievance that the impugned interim direction is operating to the prejudice, detriment and inconvenience of the petitioners, an old couple, aged 60 and 65 years respectively. They reside in Kainoor Village of Trichur Taluk. They have to come all the way to the Family Court at Ernakulam to get custody of the child on W.P(C) No.37067 of 2008 2 every Saturday. By the time they reach back home, they have to get ready to start the journey back to the Family Court, Ernakulam on the following Sunday. It was hence prayed by them that invoking the constitutional jurisdiction under Article 227, the order may be modified and rationalised. 3. Interim directions were issued in this Writ Petition on 06.04.09. That direction is being carried out effectively, submit both sides. The interim direction obliged the respondent to produce the child before the Family Court by 10 a.m on the first and third Mondays of all months. The petitioners were permitted to take the child from the Family Court and to return the child by 4 p.m on the following Thursdays. 4. The matter has been taken up for final hearing now. The learned counsel for the petitioners submits that considering the tender age of the child (1 ½ years), the old age of the petitioners (60 and 65 years) and the long distance from the Family Court to the residence of the petitioners (about 150 k.m), the impugned interim order may be further modified with specific direction to the court below to dispose of the petition for custody (O.P.No.1440 of 2008) as expeditiously as possible. W.P(C) No.37067 of 2008 3 5. The prayer for modification of the order is opposed by the respondent/father. But notwithstanding the opposition, we are satisfied, in the facts and circumstances of the case, that the impugned interim order can be modified. 6. In the result: a) This Writ Petition is allowed in part; b) The impugned interim order is modified and the following directions are issued: (i) The Family Court shall make every endeavour to dispose of O.P.No.1440 of 2008 as expeditiously as possible - at any rate, within a period of 6 months from the date on which a copy of this judgment is placed before the Family Court. Compliance shall be reported to this Court; (ii) Hand over a copy of this judgment to the learned counsel for the petitioners for production before the Family Court. Communicate the same directly to the Family Court also; (iii) Till disposal of O.P.No.1440 of 2008, the child shall be produced by the 1st respondent before the Family Court at 10 a.m on the first Saturday of every English Calendar months and the child shall be handed over to the custody of the petitioners. The W.P(C) No.37067 of 2008 4 petitioners shall return the child to the Family Court by 4 p.m on the following Saturday and the child shall be handed back to the 1st respondent. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-