IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 15374 of 2008(S) -------------------------------------- IA. NO.588/2008 OP.191/2007 of FAMILY COURT,KOZHIKODE .................... PETITIONER: ------------ PATTIKADAN ABDULSALAM, S/O.LATE BEERAN HAJI, MADASSERY HOUSE, VANIYAMBALAM POST, MALAPPURAM DISTRICT. BY ADV. SRI.R.RAMADAS RESPONDENT: ---------------------- M.SAHEEDHA, D/O.K.V.KUNHAHAMMED KOYA, 'AYISHAS', NEAR MASJIDH RAHMA, POST KALLAI, PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.BOBY MATHEW - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15374/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE PETITION OP. NO.191/2007 FILED BY THE RESPONDENT HEREIN BEFORE THE FAMILY COURT, KOZHIKODE EXT.P2:- COPY OF THE PETITION OP. NO.277/2007 FILED BY THE PETITIONER HEREIN BEFORE THE FAMILY COURT, KOZHIKODE EXT.P3:- COPY OF THE APPLICATION I.A. NO.588/2008 IN OP. NO.191/2007 FILED BY THE RESPONDENT HEREIN. EXT.P4:- COPY OF THE APPLICATION DT. 6.5.08 FILED BY THE PETITIONER HEREIN OP. 191/2007 , FAMILY COURT, KOZHIKODE. /TRUE COPY/ P.S. TO JUDGE tss J.B.Koshy & P.N.Ravindran, JJ. ===================== W.P(C).No.15374 of 2008 ===================== Dated this the 9th day of June, 2008. JUDGMENT Koshy,J. Both parties are present. It is submitted that the marriage was already dissolved. Now the only question is regarding the custody of the child. The matter is pending before the Family Court, as can be seen from Exts.P1 and P2. Both sides have approached the Family Court. In the above circumstances, we are of the opinion that an early disposal of the case pending before the Family Court is the only solution. The aspect regarding interim personal custody of the child should be considered by the Family Court on the basis of the evidence placed before it. We are not expressing any opinion regarding the merits of the matter. Without prejudice to the rights of the parties, we direct the Family Court to dispose of Exts.P1, P2 and incidental matter as expeditiously as possible, according to law. The Writ Petition is disposed of as above. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 10/6