IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 31345 OF 2008(S) -------------------------- OP.288/2006 OF FAMILY COURT, KASARAGOD PETITIONER: --------------- R.TRIVENI, W/O. V.RAGUPATHI, AND D/O. KESHAVA ADIGA, RESIDING NEAR TOWN BANK, SVT ROAD, KASARGOD TALUK AND DISTRICT, KASABA VILLAGE, KASARGOD 671 121. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA RESPONDENT(S): --------------- V.RAGHUPATHI, S/O. VENKATRAMANI, RESIDING IN HOUSE NO.55, MANIAM KALIPPA STREET, SAIBABA COLONY, COMBATORE 641038,TAMILNADU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 31345 OF 2008 = = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 24TH DAY OF OCTOBER, 2008. J U D G M E N T Raman, J. The limited prayer made in this writ petition is for a direction to consider Ext.P2 application and to pass expedite orders thereon. Petitioner is the mother of a minor child. Husband of the petitioner filed O.P. 288/2006 for custody of the minor child. A question of maintainability was raised by the petitioner herein and by Ext.P1 judgment this Court directed the Family Court to decide the question of maintainability first before proceeding to take up the main petition. It was also observed that if there is any inconvenience, it is up to the petitioner to move for necessary exemption from producing the child before the court below. Pursuant thereto, the petitioner did file an application as per Ext.P2 on 13.2.2008 seeking exemption from producing the child before the court below. But so far no order is passed either on Ext.P2 nor has the court decided the question of maintainability. 2. In the circumstances and in the view we are taking, it is not necessary to issue notice to the other side but to direct the Family Court to WP(C) 31345/2008 :2: consider Ext.P2 and pass orders thereon on the next hearing date itself, namely, on 1.11.2008. The court below shall also consider the question of maintainability as according to the petitioner, the petition under Section 25 of the Act is not maintainable when admittedly, she is the mother of the child. The writ petition is disposed of as above. Petitioner shall produce a copy of this order before the court below for information and compliance. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-