IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 OP (FC).No. 1220 of 2010(R) --------------------------- AGAINST THE ORDER DATED 19/11/2010 IN IA 4637/2010 IN OP.1795/2010 of FAMILY COURT,ERNAKULAM .................... PETITIONER ------------------------------ PRAMOD GOPAL, AGED 34 YEARS, ARPITHAM, PONEVAZHI,NEW CROSS ROAD, AIMS .P.O. KOCHI-41. BY ADV. SRI.SABU GEORGE RESPONDENT(S): --------------- ARCHANA, D/O. GOPALAKRISHNAN, AGED 29 YEARS, SREERAMA KRIPA, DOOR.NO.33/442, PONEVAZHI ROAD, AIMS P.O., KOCHI-41. BY ADV. P.K.RADHIKA THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1: THE TRUE COPY OF THE FIR IN CR.NO.1591/10 BEFORE the KALAMASSERY POLICE STATION. EXT.P2: THE TRUE COPY OF the O.P.NO.1713/1O BEFOR THE FAMILY COURT, ERNAKULAM. EXT.P3: THE TRUE COPY OF THE OP.NO.1795/10 BEFORE THE FAMILY COURT, ERNAKULAM. EXT.P4: THE TRUE COPY OF THE I.A.NO.4213/10 IN OP.1795/10 BEFOR THE FAMILY COURT, ERNAKULAM. EXT.P5: THE TRUE COPY OF the COUNTER AFFIDAVIT I.A.4213/10 IN OP.1795/10 BEFOR THE FAMILY COURT, ERNAKULAM. EXT.P6: THETRUE COPY OF THE I.A.4637/10 IN OP.1795/10 BEFORE THE FAMILY COURT, ERNAKULAM. EXT.P7: THE TRUE COPY OF THE RODER DATED 19.11.2010 IN I.A.4637/10 IN OP.1795/10 BEFORE THE FAMILY COURT, ERNAKULAM. EXT.P8: THE TRUE COPY OF the I.A.4995/10 IN OP.1713/10 BEFORE THE FAMILY COURT, ERNAKULAM. EXT.P9: THE TURE COPY OF THE I.A.5243/10 IN OP.1795/10 BEFORE THE FAMILY COURT, ERNAKULAM. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. ------------------------------------------- O.P.(F.C.) No.1220 OF 2010 ------------------------------------------- Dated this the 7th day of January, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner, father of a little child studying in 4th standard, challenges Ext.P7 order passed by the Family Court on 19.11.2010 permitting its mother, the respondent herein, for interim custody of that child from 5 p.m. on the second Friday of every month till 4 p.m. of every Sunday, until further orders. This means that the mother gets the child only for one week end in a month. Not only that, the said order is only an interim order in an application for temporary relief. We say so because even by that order, the Family Judge had posted the I.A. to 9.12.2010. Obviously therefore, we do not find any ground to interfere with such interim arrangement made by the Family Court in the course of proceedings. Hence, without expressing anything on merits, we decline to interfere with the impugned order. The original petition is dismissed without prejudice to contentions OP(FC).1220/10 2 before the Family Court, including in relation to the I.A. on which the impugned order is passed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.10/1.