IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR FRIDAY, THE 23RD DAY OF DECEMBER 2011/2ND POUSHA 1933 WPC.No. 27070 of 2010 (R) PETITIONER: SREEKALA @ KALA MURALIDHARAN, AGED 41 YEARS, W/O.MURALIDHARAN, RESIDING AT PERUMPILLIKALA PUTHENVEEDU, MYLOM P.O, INJAKKADU- 691 560, KOTTARAKKARA. BY ADV.SMT.LAILA SUNIL. RESPONDENT: MURALIDHARAN PILLAI, AGED 48 YEARS, S/O.P.P.PRABHAKARAN PILLAI, MOHANAVILASAM, POOVATTOR EAST, KALAYAPURAM P.O, KOTTARAKKARA, NOW RESIDING AT EDATHYMALAI, MUNRA 2, MULAVARIKAL ROAD, KONTHURUTHY, OPPOSITE ST.JOHN'S L.P.SCHOOL, KONTHURUTHY, THEVARA.P.O., KOCHI-13. BY ADV.SMT.J.SHEEBA MARIAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.27070/2010-R: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE ORDER DTD. 29/07/2002 OF THE CITY CIVIL COURT AT CHENNAI IN AD.O.P.NO.217/2002. EXT.P.2: COPY OF THE O.P.NO.147/2010 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, ERNAKULAM. EXT.P.3: COPY OF THE M.C. NO. 15/2010 FILED BY THE PETITIONER BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. EXT.P.4: COPY OF THE ORDER DTD. 27/07/2010 IN M.P. NO.3131/2010 IN M.C. NO. 15/2010 OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE (EO), ERNAKULAM. EXT.P.5: COPY OF THE AFFIDAVIT AND PETITION IN I.A. NO. 3253/2010 IN G.O.P.NO.1337/2010 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, ERNAKULAM. EXT.P.6: COPY OF THE OBJECTION FILED BY THE PETITIONER ALONG WITH THE DOCUMENTS ATTACHED THEREWITH. EXT.P.7: COPY OF THE ORDER DTD. 21/08/10 IN I.A. NO.3253/2010 IN O.P.1337/2010, THE FAMILY COURT, ERNAKULAM. EXT.P.8: COPY OF THE ADMISSION FORM OF MGM RESIDENTIAL PUBLIC SCHOOL, KOTTARAKARA. EXT.P.9: COPY OF THE PROSPECTUS OF MGM RESIDENTIAL PUBLIC SCHOOL, KOTTARAKARA. RESPONDENT'S EXHIBIT:- EXT.R1: COPY OF THE OBJECTION FILED BY THE RESPONENT IN M.C. NO. 15/10 OF ACJM (EO) AT ERNAKULAM. //TRUE COPY// P.S. TO JUDGE Prv. Thottathil B.Radhakrishnan & C.T.Ravikumar, JJ. ------------------------------------------------------------- W.P.(C)No.27070 of 2010 R ------------------------------------------------------------- Dated this the 23rd day of December, 2011 JUDGMENT Thottathil B.Radhakrishnan J. This writ petition under Article 227 of the Constitution is filed by the mother of a minor boy, now studying in Vth standard in Navy Children School, Ernakulam. Father is the respondent. As per impugned Exhibit P7 order, the Family Court made an interim arrangement under which the child continues with the father and is studying in the aforesaid school. The mother is permitted to meet him on the second Saturday of every month in the court premises. She is also permitted to retain the child for five days during Onam and Christmas holidays and one month during summer vacation commencing from the third day of closing of the school. WPC 27070/2010 2 2. Interim orders issued earlier govern the parties. By now, the child aspires to join the Sainik School. It has an entrance examination on 08.01.2012. Obviously, it has to get ready for that competitive examination. The father and the mother do not have any quarrel that the child has to come better in life and Sainik School will give him a good opening. 3. Taking into consideration all the relevant facts and circumstances, including the requirement of the child to attend his coaching classes for the Sainik School entrance examination during Christmas holidays, we order that the child need go to the mother only in the evening of 13.01.2012 and be with her on 14th and 15th. The child would be produced by the mother before the Family Court, Ernakulam by 12 noon on 16.01.2012. We direct the parties to appear before that court on that day, so that the Family WPC 27070/2010 3 court can take stock of the relevant facts and mould the custody and visitation as far as the current and succeeding years are concerned. We request the parties to end this litigation amicably having regard to the best interest of the child. Ordered accordingly. (Thottathil B.Radhakrishnan, Judge) (C.T.Ravikumar, Judge) tkv