IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 2212 of 2010(R) ------------------------------------------------ OPGW.496/2009 of FAMILY COURT, KOTTAYAM .................... PETITIONER(S): --------------- BINDHU PHILIPS, AGED 39 YEARS, NO.11, BRIARDALE COURT,PLAINSBORO, NEW JERSEY-089536,USA REP.BY HER POWER OF ATTORNEY HOLDER P.T.PHILIPOSE AGED 72,S/O.LATE P.O.THOMAS,NADUKKEPARAMBIL HOUSE, PAMPADY VILLAGE,KOTTAYAM DISTRICT,NOW RESI.HOUSE NO.15,LAKE VIEW DEFENCE COLONY, CHETTYHALLI,JALAHALLI WEST, BANGALORE. BY ADV. SRI.JAMES KURIAN SRI.SANTHOSH MODAYIL RESPONDENT(S): ------------------------- SUNIL JACOB, AGED 41 YEARS, S/O.JACOB KURIAN, ELAVUMKAL HOUSE, VADAVATHOOR, VIJAYAPURAM VILLAGE, KOTTAYAM TALUK. ADV. SRI.P.B.SURESH KUMAR FOR R1 SRI.K.N.SASIDHARAN NAIR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.2212 OF 2010 R PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE PETITION BEFORE THE SUPERIOR COURT OF NEW JERSEY, CHANCERRY DIVISION - FAMILY PART, MIDDLESEX COUNTY, AS DOCUT NO.FD- 12/995-09E DATED 14-5-2009. EXT.P2 COPY OF THE OBJECTION IN A FORM OF CERTIFICATE DATED 29/30-6- 2009. EXT.P3COPY OF THE ORDER DATED 3-8-09 THE COURT WAS PLEASED TO ORDER - PENDING JURISDICTIONAL ISSUES PARTIES CONSENT TO TELEPHONIC/EMAIL VISITATION ON A DAILY BASIS BETWEEN THE PLAINTIFF AND CHILDREN. EXT.P4 COPY OF THE ORDER DATED 24.9.09 PASSED BY THE SUPERIOR COURT OF NEW JERSEY, CHANCERRY DIVISION - FAMILY PART. EXT.P5 COPY OF THE ORDER DATED 10.11.09 FILED MOTION BEFORE THE APPELLATE DIVISION, SUPERIOR COURT OF NEW JERSEY. EXT.P6 COPY OF THE ORDER TO GIVE RESIDENTIAL CUSTODY OF THE 2 CHILDREN TO THE PLAINTIFF BINDU PHILIPS. EXT.P7 COPY OF THE TICKETS FOR THE CHILDREN FOR THE FLIGHT FROM TRIVANDRUM TO NEW YORK ON 26.12.2009 AT 6 A.M. AND THOSE WERE SENT TO THE RESPONDENT ALONG WITH THE LETTER DATED 23.12.2009 BY E-MAIL. EXT.P8 COPY OF THE REPLY MAIL DATED 26.12.09. EXT.P9 COPY OF THE EMERGENT MOTION ON 28.12.2009 SEEKING AN ORDER GIVING HER RESIDENTIAL CUSTODY OF TWO MINOR CHILDREN. EXT.P10 COPY OF THE OP(G&W) 496/2009 BEFORE THE FAMILY COURT, KOTTAYAM. EXT.P11 COOPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOTTAYAM. EXT.P12 COPY OF THE I.A.NO.2893/2009 DATED 1.12.09 FOR CONSIDERING THE PRELIMINARY ISSUE OF MAINTAINABILITY. EXT.P13 COPY OF THE OBJECTION TO I.A.2893/09. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 2212 OF 2010 R --------------------------------------------------- Dated this the 27th January, 2010 JUDGMENT K.M. Joseph, J. Petitioner seeks a direction to the Family Court, Kottayam at Ettumanoor to consider and decide the question of maintainability and jurisdiction of OP No.496/2009 within a time limited fixed by this Court. 2. We heard the learned counsel for the petitioner and also the learned counsel appearing on behalf of the respondent. We feel that a time limit should be fixed for disposal of Ext.P12. Accordingly, we direct the Family Court, Kottayam at Ettumanoor to take up Ext.P12 and take a decision thereon within one month from 30.01.2010. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, kbk. JUDGE // True Copy // PS to Judge