IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 10110 of 2008(S) -------------------------- OP.91/2008 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): --------------- 1. AHAMMED KUTTY, S/O.MUHAMMED HAJI, RESIDING AT KONDODI PARAMBAN HOUSE, VALLUVAMBROM, MALAPPURAM DISTRICT. 2. KHADEEJA, W/O.AHAMMED KUTTY, RESIDING AT KONDODI PARAMBAN HOUSE, VALLUVAMBROM, MALAPPURAM DISTRICT. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S): --------------- MIDLAJ.K., S/O.MUHAMMED ABDULLA, RESIDING AT KAPPIL HOUSE, PULLAPPARA POST, WANDOOR, MALAPPURAM DISTRICT. ADV. SRI.K.M.SATHYANATHA MENON FOR R1 GOVERNMENT PLEADER, SRI.R.LAKSHMINARAYAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10110 of 2008(S) A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ACCIDENT CUM WOUND CERTIFICATE ISSUED BY M/S.KORAMBAYIL HOSPITAL. EXT.P2 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE CALICUT MEDICAL COLLEGE. EXT.P3 TRUE COPY OF THE POSTMORTEM CERTIFICATE ISSUED BY THE DEPARTMENT OF FORENSIC MEDICINE. EXT.P4 TRUE COPY OF THE FIR PREPARED BY THE WANDOOR POLICE. EXT.P5 TRUE COPY OF O.P.NO.91/2008 BEFORE THE FAMILY COURT, MALAPPURAM. \\TRUE COPY// P.A TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No.10110/2008-S ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of November, 2008. J U D G M E N T Raman, J. The petitioners are the respondents in O.P.No.91/2008 on the file of the Family Court, Malappuram. That application was filed by the respondent for declaration of guardianship of two minor children and for their custody. The first petitioner herein alleges that the respondent and his parents are accused, who caused the death of his daughter. Crime No.223/2007 under Section 498A of the Indian Penal Code was registered. Fearing that the family court may pass some interim order for custody in O.P.No.91/2008 filed by the respondent herein, this writ petition is filed and the only relief sought for is for a direction to the family court to keep in abeyance all the proceedings in O.P.No.91/2008 till investigation in Crime No.223/2007 of the Wandoor Police Station is completed. When the matter came up for consideration, the learned Government Pleader submitted that investigation is already over and charge sheet will be laid soon. In the circumstances, the main grievance stands redressed. The writ petition is, therefore, closed. (P.R. Raman, Judge.) (T.R. Ramachandran Nair, Judge.) ms