IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 WP(C).No. 23426 of 2008(S) -------------------------- OP(G&W).1461/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER: ------------ P.U.JOSEPH, AGED 44 YEARS, S/O.P.V.UTHUPPU, PALATTY HOUSE, THABORE P.O., PARAMBAYAM, ANGAMALY, ERNAKULAM DISTRICT. BY ADV. DR.SEBASTIAN CHAMPAPPILLY SMT.ANNIE GEORGE SMT.RINTA GEORGE RESPONDENTS: ------------- 1. LISSY P.A., D/O.ANTONY, AGED 36 YEARS, PALLIYAN HOUSE, THABORE P.O., PARAMBAYAM, ANGAMALY, ERNAKULAM DISTRICT. 2. P.V.ANTONY, S/O.VAREED, AGED 63 YEARS, PALLIYAN HOUSE, THABORE P.O., PARAMBAYAM, ANGAMALY, ERNAKULAM DISTRICT. 3. MARY, W/O.P.V.ANTONY, PALLIYAN HOUSE, THABORE P.O., PARAMBAYAM, ANGAMALY, ERNAKULAM DISTRICT. 4. BENNY ANTONY, S/O.P.V.ANTONY PALLIYAN HOUSE, THABORE P.O., PARAMBAYAM, ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.K.R.VINOD FOR R2 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23426 of 2008(S) A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF O.P.(G&W) NO.1461/2007 FILED BY THE PETITIONER BEFORE THE FAMILY COURT AT ERNAKULAM DATED 07/11/2007. EXT.P2 TRUE TRUE COPY OF O.P.NO.1395/2007 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT AT ERNAKULAM DATED 24/10/2007 EXT.P3 TRUE COPY OF THE ORDER DATED 14/12/2007 IN B.A.NO.7705/2007 EXT.P4 TRUE COPY OF NOTICE ISSUED BY THE SECRETARY, MOOKKANNUR SERVICE CO-OPERATIVE BANK IN O.L.NO.2747 OF 2006 DATED 2/6/2008 EXT.P5 TRUE COPY OF COMPLAINT (C.M.P.NO.3359/2007) DATED 29/12/2007 FILED BY PETITIONER'S BROTHER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT (COURT NO.II) AT ALUVA. EXT.P6 TRUE COPY OF I.A.NO.4379/2007 IN O.P.(G&W) NO.1461/2007 FILED BY THE PETITIONER DATED 07/11/2007 EXT.P7 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 4TH RESPONDENT DATED 22/07/2008 EXT.P8 TRUE COPY OF THE WRITTEN OBJECTION AND COUNTER CLAIM FILED BY THE PETITIONER IN O.P.NO.1395/2007 DATED 18/06/2008 EXT.P9 TRUE COPY OF STATEMENT OF OBJECTION FILED BY RESPONDENTS 1 TO 3 DATED 30/04/2008. \\TRUE COPY// P.A.TO JUDGE P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C).No.23426 of 2008-S ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 15th day of September, 2008 J U D G M E N T J U D G M E N T RAMAN, J. The main relief sought for in this writ petition is for a direction to the Family Court, Ernakulam, to hear and dispose of Ext.P6 expeditiously. 2. According to the petitioner, a child aged seven years was with him all through and was illegally taken into custody by the respondent herein. Guardian and Ward O.P.No.1461/2007 is now pending consideration before the Family Court, Ernakulam. In that, I.A.No.4379/2007 was filed, a copy of which is produced as Ext.P6. The grievance of the petitioner is that even though Ext.P6 was filed as early as in November, 2007, no orders are passed in it. To redress his grievance, the present writ petition is filed. We have heard the parties. As there is no likelihood of compromise among the parties, Ext.P6 be disposed of by the family court at an early date. Now the matter is posted tomorrow for consideration before the family court. If so, the family court may hear both parties and pass appropriate orders on Ext.P6 without any further delay. P.R.RAMAN, Judge T.R.RAMACHANDRAN NAIR, Judge ms