IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 OP (FC).No. 550 of 2011(R) -------------------------- AGAINST THE ORDER DATED 22/01/2011 IN IA.2927(A)/2010 IN OPGW.1656/2010 of FAMILY COURT,TRIVANDRUM .................... PETITIONER --------------------- C.T.SMITHA, AGED 43 YEARS, W/O.K.K.PRAKASH, L.F.2/312, VRINDAVAN GARDENS, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.A.P.SUBHASH RESPONDENT: --------------- K.K.PRAKASH,S/O.KUNJUKUNJU,"LAYAM", AMMOOMA MUKKU,NEELESWARAM PO,KOTTARAKARA,KOLLAM DT & PRESENTLY R/AT "AYSWARYA NIVAS",VADAKKUMMURI, ALAKAPPA NAGAR PO, THRISSUR DT.& HAVING OFFICE ADDRESS AS BRANCH MANAGER,LIC OF INDIA,SATELLITE OFFICE,AMBALLOR, ALANGAPPANAGAR P.O.,THRICHUR. ADV. SRI.SIBY MATHEW FOR R SRI.PHILIP J.VETTICKATTU FOR R SRI.B.PREMNATH (E) FOR R THIS O.P. (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P. (F.C) No. 550 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of March, 2011 JUDGMENT Joseph J., The petitioner challenges Ext.P3 order. Ext.P3 is an interim order passed by the Family Court whereunder the appellant was directed to produce the minor children at 10 a.m. on every 2nd Saturday and handover the children to their father till 5 p.m. and to return the children at 5.00 p.m. on the next day at the premises of the Court. 2. Briefly the case of petitioner is as follows. The petitioner is working as senior accountant in the office of Accountant General at Thiruvananthapuram. The respondent is a Manager of Life Insurance Corporation, Thrissur branch. There are two male children, aged 17 and 11 years born in the wedlock. The respondent filed a case against the petitioner for restitution of O.P. (F.C) No. 550 of 2011 :2: conjugal rights. The petitioner also filed a maintenance case on behalf of the minor children against the respondent. It is also submitted that the respondent had filed a petition under G&W Act for getting the permanent custody of the minor children. An interlocutory application was filed by the respondent for overnight custody of the minor children on all second saturdays and succeeding Sundays. Ext.P3 is the copy of the order passed by the Family Court on the said interlocutory application. 3. We heard the learned counsel for the petitioner and learned counsel for the respondent. 4. The elder child is undergoing Plus II Course and the case of the petitioner is that the elder son is concentrating on his studies. We had stayed the order in relation to the elder child in so far as it related to 12.2.2011 and 13.2.2011. The examinations are impending. 5. In the circumstances of the case, while we do not see any jurisdictional error in granting the order in favour of the petitioner and taking note of the stand that the respondent - father that he will O.P. (F.C) No. 550 of 2011 :3: not insist for the custody of the elder child on 12.3.2011 and 13.3.2011, we order that the petitioner need not hand over the custody of the elder son to the respondent on 12.3.2011 and 13.3.2011, in pursuance of Ext.P3 order. Subject to the same, we confirm the order. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/