IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 32991 of 2008(S) -------------------------- AGAINST THE ORDER DATED 22/ 09/2008 IN IA 3189/2008 IN OP.1004/2008 OF THE FAMILY COURT, ERNAKULAM .................... PETITIONER(S): --------------- ANJALI JAYAN, D/O.P.V. JAYACHANDRAN, AGED 36 YEARS, PRESENTLY RESIDING AT KANJIRATHUMPARAMBIL HOUSE, VENNALA.P.O, NEAR ERNAKULAM MEDICAL CENTRE, PALARIVATTOM, COCHIN. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENT(S): --------------- H. VIBHU, S/O.P.G. HARIHARAN, AGED 37 YEARS, SREEKRISHNA, SOUTH PONNAYYATH ROAD, KADAVANTHRA, COCHIN-20. BY ADV. SRI.P.T.JOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ------------------------------- W.P.(C)NO. 32991 OF 2008 ------------------------------- Dated this the 18th day of December, 2008 JUDGMENT Raman,J. This writ petition is filed challenging the order passed in interlocutory application, I.A.No.3189/2008 filed by the mother for permanent custody of the child, pending final disposal of the matter. The marriage between the parties has since been dissolved. It is the case of the writ petitioner-mother that at the time of filing O.P.No.1597/2006, which is a joint petition for divorce, parties have agreed that the child will be continued to reside in the house along with the mother, until a suitable accommodation is found by the mother. In this connection the learned counsel for the petitioner made reference to Clause 6 of the joint petition. But contrary to the agreement the husband threw away the petitioner herein and the child is now in the custody of the father. Subsequently, he had already re-married. It is in these -2- WP(C).No.32991/2008 circumstances that a petition for permanent custody of the child was filed. The Family Court, after consideration of the matter, by an interim order directed visitorial right of the petitioner; that too only from 10/30 a.m. to 1.30 p.m. on 2nd and 4th Saturdays of every month. Aggrieved thereby this writ petition is filed. 2. After hearing both sides and in the changed circumstances, the husband has no objection in giving the custody of the child to the mother and they are prepared to file a joint petition before the Family Court. Since the Christmas vacation starts from 20th onwards, till a final order is passed on such joint petition filed by both the parties, the custody of the child shall be given to the petitioner herein during the Christmas holidays and a joint petition as agreed by both the parties shall be filed on the next posting date of the matter before the Family Court or within such time as the Family Court may grant on request by the parties. -3- WP(C).No.32991/2008 Writ Petition is disposed of as above. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.