IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 23135 of 2009(R) -------------------------- OP.892/2009 of FAMILY COURT, NEDUMANGAD .................... PETITIONER(S): --------------- BIJU, AGED 30, S/O.VASANTHI, KADAYIL VEEDU, PUTHUSHERI, MUTHURA P.O., VIA. KADAKKAL, KOLLAM. BY ADV. SRI.NAIR AJAY KRISHNAN SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. K.SATHEESAN, AGED 44, S/O.KRISHNA PANICKER, PANAYIL VEEDU, PLACHIKUZHI, KANCHIRA P.O., VEMBAYAM. 2. AMMUKUTTY, AGED 65, PANAYIL VEEDU, PLACHIKUZHI, KANCHIRA P.O., VEMBAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(C).No.23135 of 2009 ---------------------------------------- Dated this the 21st day of August 2009 J U D G M E N T BASANT,J The petitioner has come to this court with the grievance that I.A.No.2100 of 2009 in O.P.No.892 of 2009 filed by her is not taken up for consideration and disposal by the Family Court. According to her, she was residing along with her husband and two children. She was admitted to the hospital and the husband has taken the children and is keeping them away from the petitioner. In these circumstances, the petitioner filed O.P.No.892 of 2009 and filed I.A.No.21009 of 2009 for interim custody. According to her, that petition is not being taken up for hearing and disposal. 2. Report of the Family Court was called for. The report of the Family Court shows that the husband had filed an earlier application for custody as O.P.No.881 of 2009. He had produced the children before court. He had made allegations about the petitioner that she had eloped with someone. In those circumstances, the application of the father for interim custody W.P.C No.23135/09 2 was allowed and that case stands posted to 27/8/2009 for return of notice, reports the learned Judge of the Family Court. It is further reported that both parties have appeared before the court on 07/08/2009 and the case now stands posted to 31/8/2009. There were postings in between. The learned Judge of the Family Court reports that both O.P. shall be disposed of within a period of one month from the date of filing of objections. Objections have not been filed, it is submitted. 3. We expect the parties to file and the court to insist that objections must be filed on 31/08/2009 or on the date immediately following. Thereafter, the I.A must be disposed of within a period of fifteen days - at any rate by 18/09/2009. Compliance shall be reported to this court. 4. This writ petition is accordingly allowed in part to the above extent. 5. Hand over copy of this order to the learned counsel for the petitioner for immediate production before the Family Court. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.C No.23135/09 3 W.P.C No.23135/09 4 W.P.C No.23135/09 5 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009