IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 18993 of 2010(R) -------------------------- AGAINST THE ORDER DATED / / IN IA 477 OF 2010 IN OP.854/2008 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): --------------- SHIJI.K, D/O.LATE VELU AGED 23 YEARS, KALLIDUMPAN HOUSE, PAZHAMALLUR PO, MALAPPURAM. BY ADV. SMT.I.SHEELA DEVI RESPONDENT(S): --------------- SHAJU T, S/O. VELAYUDHAN AGED 28 YEARS, THEVARKATTIL HOUSE MALAPPURAM 679 333. ADV. SRI.K.M.SATHYANATHA MENON SRI.T.V.SHAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 18993 of 2010-R ------------------------------------------------- Dated this the 3rd day of December, 2010 JUDGMENT Basant,J. We had already referred to the virtually meaningless disputes that are raised in this writ petition earlier. We thought that all the disputes will come to rest with the order passed on 1/10/10 on the basis of the submissions made by the counsel. We now find that the said undertaking given by the counsel has also not been able to help the parties to resolve their disputes. 2. We are, in these circumstances, satisfied that further directions in modification of the earlier directions deserve to be issued. 3. It is, in these circumstances, directed that in supersession of all earlier directions issued the respondent/ father shall be entitled to have custody of the child between 10 W.P.(C) No. 18993 of 2010 -: 2 :- a.m. and 5 p.m. on all Sundays at the Family Court, Malappuram. The Family Court, Malappuram, shall ensure that a responsible official is posted in the court on all Sundays to ensure that this direction and similar directions are carried out. The mother is to take the child to the Family Court - to a distance of about 8 Kms. We therefore direct that every time that the child is brought to the Family Court, an amount of Rs.250/- shall be paid as transportation charges by the husband to the wife. These directions shall come into force from 12/12/10. On that day, if the child is produced, an amount of Rs.500/- shall be paid - Rs.250/- for the appearance on 12/12/10 and another two hundred and fifty in advance for the production on the next date. On all future dates of appearance an amount of Rs.250/- shall be paid in advance by the husband to the wife. If there be any non-compliance with these directions, the Family Court shall be at liberty to deal with the situation and pass appropriate further orders. 4. In the light of the above arrangements, we are satisfied W.P.(C) No. 18993 of 2010 -: 3 :- that this writ petition need not be kept pending. This writ petition is accordingly allowed to the above extent. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge W.P.(C) No. 18993 of 2010 -: 4 :-