IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 OP (FC).No. 2093 of 2011(R) -------------------------------------- OP.224/2011 of FAMILY COURT, ALAPPUZHA .................... PETITIONER (S): PETITIONER -------------------------------------------- FABA ABRAHAM, AGED 41 YEARS, D/O.C.P. ABRAHAM, CHELANIKUNANTHIL, RAJA MAHAL, MULAKKUZHA.P.O, PIN-689505, PIRALASSERY MURI, MULAKKUZHA VILLAGE,MULAKKUZHA PANCHAYATH,CHENGANOOR TALUK,ALAPPUZHA, NOW RESIDING AT 3B, HOUSE NO.16,ROAD NO.9, BARIDHARA, DHAKA, BANGLADESH BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT(S): RESPONDENT ----------------------------------------------- ANIYAN KOSHY, AGED 43 YEARS, S/O. G. KUNJU KOSHY, NELIVILA PUTHENVEEDU HOUSE, IYAPALLOOR MURI, KARIKKOM.P.O, PIN - 691 531, VETTIKAVALA PANCHAYATH, ULIYANAD VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP(FC) NO.2093/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE OP (G AND W) NO.225/2011 FILED ON 22.2.2011 BEFORE THE FAMILYA COURT, ALAPPUZHA. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss Thottathil B.Radhakrishnan & N.K.Balakrishnan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = O.P.(FC).No.2093 of 2011-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of July, 2011. Judgment Thottathil B.Radhakrishnan, J. Notice to the respondent was taken out through special messenger. The respondent is reportedly not in India. Notice was taken out to the available major members of the family. They have refused it. We, hence, order that due service of notice on the respondent, has been appropriately effected. The petitioner has filed Ext.P1 petition in relation to guardianship and custody of the son of the parties. She expresses the need to get a final order in the matter without delay, having regard to her proposal to move to Australia. Without expressing anything on the merits of her OPFC2093/11 -: 2 :- claim, we direct that if the petitioner files appropriate application before the Family Court for any step that may be required for the expeditious disposal of the matter, that court will sympathetically consider such application and make an earnest endeavour to dispose of the main matter at the earliest, having regard to the best interest of the child and also due procedure in accordance with law. The original petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. N.K.Balakrishnan, Judge. Sha/1207