IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 22377 of 2008(S) ----------------------------------- OP.357/2003 of FAMILY COURT, MALAPPURAM .................... PETITIONER : ---------------- UMMINIKUNNATHU CHANDRASEKHARAN, S/O. ARUMUKHAN, AGED 47 YEARS, UMMINIKUNNATHU HOUSE, MUNDUPARAMBA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT : ----------------- PILATHODI LATHA, D/O. JANAKI, AGED 35 YEARS, PILATHODI VEEDU, NELLIKKUTHU P.O., PAYYANADU AMSOM, NELLIKKUTTHU DESOM, ERNADU THALUK, MALAPPURAM DISTRICT. ADV. SRI.T.K.SAIDALIKUTTY SMT.ANITHA M.N. (EKM) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING : WP(C).No. 22377 of 2008(S) APPENDIX PETITIONER'S EXHIBITS : EXT.P1: TRUE COPY OF THE JOINT APPLICATION FILED BY THE PETITIONER AND THE RESPONDENT IN O.P.NO.357/03 ON THE FILE OF THE FAMILY COURT, MANJERI EXT.P2: TRUE COPY OF THE DECREE IN O.P.(G.W) NO.357/03 ON THE FILE OF THE FAMILY COURT, MANJERI EXT.P3: TRUE COPY OF THE COMPOUNDING ORDER IN C.C.1185/04 OF JFCM COURT, MALAPPURAM DTD.19.06.2006 EXT.P3(a): TRUE COPY OF THE COMPOUNDING APPLICATION IN C.C.1185/04 OF JFCM COURT, MALAPPURAM EXT.P4: TRUE COPY OF THE ORDER IN M.C.NO.8/2005 ON THE FILE OF THE FAMILY COURT, MANJERI EXT.P5: TRUE COPY OF THE APPLICATION FILED AS I.A.444/08 IN O.P. NO.357/03 OF FAMILY COURT, MANJERI EXT.P6: TRUE COPY OF THE COUNTER FILED BY THE PETIITONER IN I.A.444/08 EXT.P7: TRUE COPY OF THE ORDER IN I.A.NO.444/08 OF FAMILY COURT, MANJERI -TRUE COPY- P.A. TO JUDGE P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ----------------------------------------- W.P (C) No. 22377 OF 2008 ----------------------------------------- Dated this the 25th day of November, 2008 JUDGMENT RAMAN, J. This writ petition is filed challenging the order passed in in I.A.No.444 of 2008 in O.P.No.357 of 2003 of the Family Court, Malappuram. That O.P. is for custody of children which was disposed of in terms of a compromise. Subsequent to that, the wife had filed I.A.No.444 of 2008 on which an order was passed giving interim custody of the 3 minor children in the manner as stated in the order passed by the court. Aggrieved thereby, the husband has filed this writ petition. 2. We have heard both sides. In the facts and circumstances of the case, there will be a direction that the petitioner shall hand over the custody of the 3 minor children to the respondent herein on every Sunday morning at 10 a.m. till 3 p.m. The manner in which the children are to be given to the respondent's custody as directed by the court below will continue. Since the maintainability of the I.A. filed by the mother is seriously disputed, and in the absence of any finding W.P.(C) 22377 of 2008 2 thereon, the family court shall decide all such issues after hearing both parties. This interim arrangement we have made will continue till then. This writ petition is disposed of. P.R.RAMAN, JUDGE T.R.RAMACHANDRAN NAIR, JUDGE pac