IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 OP (FC).No. 1291 of 2011(R) --------------------------- AGAINST THE ORDER IN IA 2294/2010 IN GOP.779/2010 of FAMILY COURT,ERNAKULAM .................... (S): PETITIONER ------------------------------ JOHNSON VITHAYATHIL, AGED 40 YEARS, VITHAYATHIL HOUSE, XII B PERIYAR HERMITAGE, COMPANY PADY, THAIKKATTUKARA, ALUVA. BY ADV. SRI.PRADEESH CHACKO RESPONDENT(S): --------------- MRIMAY C.S., AGED 33 YEARS, D/O.SEBASTIAN, CHAKKALACKAL HOUSE, PRIYADARSHINI COLONY, ALANGAD P.O., ERNAKULAM DISTRICT. THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 01/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- O.P.(F.C.) No.1291 of 2011 ----------------------------------------------- Dated 1st April, 2011. J U D G M E N T Joseph, J. The prayers in the writ petition are as follows :- (i) Call for records leading to Ext.P4 order and quash the same by issuing any other appropriate order or direction. (ii) Direct the respondent to hand over the child Fiona to the petitioner during summer vacation of 2001 from 2.5.2011 to 31.5.2011. (iii) Issue appropriate order or direction commanding the Family Court, Ernakulam to consider Ext.P5 petition and dispose the same within a time specified by this Hon'ble Court. 2. The petitioner and respondent are husband and wife. The petitioner has filed Ext.P5, which is an application for getting interim custody of the minor child during summer vacation. The same is posted on 6.4.2011 for hearing. The complaint is that no orders have been passed. It is also stated that the petitioner took leave from 2.5.2011 to 31.5.2011 for looking after the child during summer vacation. 3. We heard learned counsel for the petitioner and the respondent. In view of the urgency raised in the matter, we direct the Family Court, Ernakulam to pass orders on Ext.P5, at the O.P.(FC) 1291/2011 2 earliest after hearing the parties, and at any rate, on or before 30.4.2011. The O.P.(F.C.) is disposed of as above. SD/- K.M.JOSEPH, JUDGE. SD/- M.L.JOSEPH FRANCIS, JUDGE. tgs