IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 Mat.Appeal.No. 200 of 2010() ---------------------------- AGAINST THE ORDER DATED 06/02/2010 IN IA.6280/2009 IN OP.1012/2009 of FAMILY COURT,THRISSUR .................... APPELLANT/PETITIONER/RESPONDENT ---------------------------------------------------------- JAYAGOPALAN, S/O. JANARDHANAN UNNI KONGATT PAZHAYAKULANGARA VEEDU, MANGALAM, VADAKKANCHERY, PALAKKAD DIST. BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENTS/RESPONDENTS/PETITIONER: --------------------------------------------------------------- 1. K. GOPALAKRISHNAN, S/O. P.K. NAIR, KRISHNA NIVAS, KANIYARKODE P.O. THIRUVILLAMALA. 2. JIJITHA, AGED 8 YEARS OLD (MINOR) D/O. THE APPELLANT, RESIDING WITH RESPONDENT. 3. AJITHA, AGED 6 YEARS (MINOR), DO. DO. ADV. SRI.K.RAJESH KANNAN FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 16/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - Mat.A.No. 200 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of March, 2010 JUDGMENT Joseph, J. This appeal is filed against the order dt.6.2.2010 in I.A. 6280 of 2009 in O.P. No. 1012 of 2009. The appellant herein is the father of respondents 2 and 3. They are two minor children born to the appellant from his marriage with Rekha, the daughter of the first respondent. The wife of the appellant is no more. The first respondent has filed O.P.No.1012 2009 to appoint him as the guardian of the minor children. By the impugned order, the Family Court, Trichur rejected the application of the appellant to allow the shifting of the minor children from the Government School, near the house of the first respondent at Thiruvilwamala, to the school where they were previously Mat.A.No. 200 of 2010 2 studying. It is stated in the order that if custody of the children is given to the appellant and they are shifted from the present school to another school near the house of the appellant at Vadakkumcherry at the fag end of the academic year, there would be disruption in their studies. Therefore, the Family Court has not considered the request of the appellant. But the appellant was permitted to see the children and to have company with them from the premises of Pazhayannur Police Station as agreed, on 14.2.10 and 21.2.10 between 10 a.m. and 12 noon. 2. We heard learned counsel for the appellant, learned counsel for the first respondent as also the learned Government Pleader. 3. It is submitted on behalf of the appellant that the children may be permitted to study in the school, where they were previously studied. He would further submit that the mother was died and he may be given the custody of the children so that they can continue their education in the previous school and take their examination in that Mat.A.No. 200 of 2010 3 school. He would further submit that the career of the children are affected as they are admitted in the Government School, Thiruvilwamala without getting the T.C. from the school. 4. We got instruction through the Government Pleader, who submits that the allegation of the appellant that the children were admitted in the present school without obtaining T.C. is correct . He would submit that the Headmistress of the School informed that the children cannot write the examination without production of the T.C. We must notice that after the death of the wife of the appellant the first respondent, who is none other than the father-in-law of the appellant, has got the children admitted in the Government School, Thiruvilwamala. They were studying in that school for the past 8 months. All that is required is the production of T.C. to enable the children to take their examination, which is scheduled to take place from 24.3.2010. Mat.A.No. 200 of 2010 4 5. The learned counsel for the appellant, after getting instruction, submits that the appellant will produce T.C. before the School authorities within two days from today so as to facilitate the children to take the examination. We record the said submission. 6. In the interests of justice, we further direct that the Family Court, Trichur will take up O.P.1012 of 2009, which, it is stated is posted to 27.3.2010, and dispose of the same as early as possible, at any rate, on or before 10.5.2010. This we do, so that before the next academic year starts the issue can be decided as to the first respondent or the appellant is to be made the guardian and the schooling of the children can be arranged in accordance with the decision of the Family Court. 7. In the circumstances of the case, the learned counsel for the appellant also makes a request that the appellant may be given custody of the children during some period of the vacation. Learned counsel for the first respondent submits that the custody of the children can be Mat.A.No. 200 of 2010 5 given to the appellant from 13.4.2010 to 10.5.2010. The appellant can go to the house of the first respondent and take the children at 5 p.m. on 13.4.2010 and the children will be handed over back to the first respondent on 9.5.2010. We make it very clear that this arrangement relating to grant of custody of the children to the appellant as aforesaid is purely consensual and it will be totally ignored by the Family Court, Trichur when it decides the issue on merits, as directed by us. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm