IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 401 of 2008(S) ------------------------ PETITIONER: ------------ DR.T.L.SUNIL KUMAR,AGED 36 YEARS, S/O. THANDAYANGATTIL LAKSHMANAN, LALITH BHAVAN AYYANTHOLE VILLAGE DESOM, THRISSUR THALUK. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------- 1. KAVITHA,AGED 31 YEARS, D/O.U.R.SREENIVASAN,UPPUKUNNATH RAMANILAYAM HOUSE CHOWALLUR VILLAGE,DESOM,CHAVAKKAD THALUK. 2. U.R.SREENIVASAN, UPPUKUNNATH RAMANILAYAM HOUSE CHOWALLUR VILLAGE,DESOM,CHAVAKKAD THALUK. 3. PUSHPARIJINI SREENIVASAN, W/O.U.R.SREENIVASAN, UPPUKUNNATH RAMANILAYAM HOUSE CHOWALLUR VILLAGE,DESOM,CHAVAKKAD THALUK. BY ADV. SRI.P.V.CHANDRA MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.401/08 PETITIONER'S EXTS. EXT.P1: TRUE COPY OF THE ORDER DATED 14.6.2007 IN I.A.No.1540/07 IN O.P.No..373/07 OF THE FAMILY COURT, THRISSUR. EXT.P2: TRUE COPY OF THE APPLICATION I.A.No.5059/07 IN OP.373/07 FILED BY THE PETITIONER. EXT.P3: TRUE COPY OF THE APPLICATION I.A.No.5093/07 IN OP.373/07 FILED BY THE PETITIONER. TRUE COPY KURIAN JOSEPH & HARUN- UL-RASHID,JJ. -------------------------------------------------------- W.P.(C)No.401 OF 2008 -------------------------------------- DATED THIS THE 14TH DAY OF JANUARY, 2008 J U D G M E N T KURIAN JOSEPH, J. This writ petition is filed by the father of two minor children born to the first respondent, for an expeditious disposal of Exhibits P2 and P3 applications pending before the Family Court, Thrissur. Exhibit P2 is a petition for temporary custody of the children. Exhibit P3 is an application directing the respondents to surrender the passports of the minor children. Respondents 2 and 3 who are the father and mother of the first respondent-wife submitted that they have no intention to take the minor children out of the country. This is a case where, admittedly the mother of the minor children is not available whereas their father is available. The father has moved a petition for permanent custody of the minor children, since he is available at home. He has also filed a petition for temporary custody of the minor children. In view of the undertaking of the grandparents that they have no intention to take the children outside India, no orders need be passed on Exhibit P3. We make it clear that without obtaining orders from the Family Court or this Court, as the case may be, the minor children shall not be taken out of India. There will also be a direction to W.P.(C)No.401 OF 2008 2 the Family Court, Thrissur to dispose of Exhibit P2 application for temporary custody of the minor children on the next posting date of Exhibit P2 application. Issue urgent copy. KURIAN JOSEPH, JUDGE. HARUN- UL-RASHID,JUDGE. dsn