IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 17121 of 2008(S) --------------------------------------- O.P (G&W) .NO.251/2008 OF FAMILY COURT, NEDUMANGAD .................... PETITIONER: ------------------- SIMLA, D/O.NASEEMA, AGED 28 YEARS RESIDING AT TC.63/1167 HOUSE.NO.44, MITHRA NAGAR, PARUTHIKKUZHI, MANACAUD PO., THIRUVANANTHAPURAM. BY ADV. SMT.MAJIDA.S, SRI.K.RAJESH KANNAN, SRI.AJIKHAN.M. RESPONDENT: ---------------------- AHAMED SHOOJA, AGED 36 YEARS, S/O.ABOOSALI, RESIDING AT ASIM MANZIL, NEAR PUTHENPALLI PEZHUMMOODU, POOVACHAL PO., ARYANADU VILAGE NEDUMANGAD. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.P.(C).NO.17121 OF 2008 () ----------------------------------- Dated this the 9th day of June, 2008 J U D G M E N T KOSHY,J. Petitioner married the respondent and relationship was strained between them. According to the petitioner, she was driven out of the house. Child was with the respondent. According to the petitioner, child was forcibly taken by the respondent and Ext.P3 petition was filed and obtained Ext.P4 ex parte order. The petitioner filed Ext.P5 objection, Ext.P6 review petition and an advance petition. But the case was dismissed for default of the respondent. But it was restored. It is the case of the petitioner that being the mother of the child, she is very much eager to have the child with her. The case is posted on 3.7.2008. Petitioner wants the urgent custody of the child. We are not expressing any opinion regarding the merits of the matter as we dispose of the matter without issuing notice to the respondent. Family Court is WPC.17121/08 2 directed to consider the petition. In the circumstances of this case, Family Court is directed to advance the case by issuing notice to the respondent or counsel and see that orders are passed as expeditiously as possible, and in any event, atleast order on interim custody should be passed on or before 3.7.2008. With the above observations this petition is disposed of. Registry is directed to send a copy of this judgment to the Family Court urgently. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008