IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 31208 of 2007(S) -------------------------- AGAINST THE ORDER DATED 15/10/2007 IN IA 4038/2007 IN IA 4085/07 IN OP.758/2007 of FAMILY COURT,THRISSUR .................... PETITIONER: ------------ SUBRAMANIAN, S/O. KURUVATH VEETTIL KARAPPAN,PALLIPPURAM VILLAGE DESOM, THRISSUR TALUK. BY ADVS. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: ------------- 1. PONNURAJAN,S/O.IYYANI VEETTIL MANANGODAN ANCHUMOORTHIMANGALAM DESOM,WADAKKANCHERY, ALATHUR TALUK, PALAKKAD DIST., PRESENT ADDRESS: PONNURAJAN TAMILNADU ELECTRICITY BOARD, 2/286, E.B.QUARTERS, COOBATHALAI P.O., KOONUR, NILAGIRI DISTRICT, TAMIL NADU-643 202. 2. JAYALAKSHMI, W/O. PONNURAJU, ANCHUMOORTHIMANGALAM DESOM, WADAKKANCHERY, ALATHUR TALUK, PALAKAKD DISTRICT, PRESENT ADDRESS: PONNURAJAN, TAMILNADU ELECTRICITY BOARD,2/286, E.B.QUARTERS,COOBATHALAI P.O., KOONUR NILAGIRI DISTRICT,TAMIL NADU-643 202. BY ADV. SRI.JOHN JOSEPH(ROY) FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2008, THE COURT ON 02/09/2008 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of Original Petition No.758/2007 filed before the Family Court, Thrissur by petitioner. Ext.P2: True copy of application I.A.No.2161/2007 dated 6.6.2007 filed before the Family Court, Thrissur. Ext.P3: True copy of counter dated 11.6.2007 to I.A. No. 2161/2007 filed by petitioner before the Family Court, Thrissur. Ext.P4: True copy of order dated 26.6.2007 in I.A.No. 2161/2007 of the Family Court, Thrissur. Ext.P5: True copy of judgment dated 14.8.2007 in W.P.(C)No.21098/07. Ext.P6: True copy of application I.A.No.4038/07 for modification or cancellation of the order in I.A.No.2161/07 filed by petitioner. Ext.P7: True copy of counter in I.A. No.4038/07. Ext.P8: True copy of application I.A. No.4085/07 filed by respondents. Ext.P9: True copy of counter filed by the petitioner in I.A.No.4085/07. Ext.P10: True copy of common order of the Family Court, Thrissur issued in I.A. No.4038/2007 & 4085/2007 in O.P. No. 758/2007 dated 15.10.2007. RESPONDENTS' EXHIBITS: NIL. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C)NO. 31208 OF 2007 ---------------------------------------------------------------- Dated this the 2nd day of September, 2008 JUDGMENT Harun-Ul-Rashid, J. The writ petitioner is the petitioner in O.P. No.758 of 2007 pending before the Family Court, Thrissur. He is also the petitioner in I.A. Nos.4038 and 4085 of 2007 filed in the said Original Petition. Ext.P10 order passed in the above interlocutory applications is under challenge in this Writ Petition. The parties are hereafter referred to as petitioner and respondents as in the Original Petition. 2. The Original Petition was filed by the petitioner herein for appointing him as the guardian of the minor child Iswarya who is now aged about 16 years and 5 months and for permanent injunction restraining the respondents from taking custody of the child forcefully. The respondents filed I.A. No.2161 of 2007 seeking a direction to remove the child from the custody of the petitioner and to get her admitted at Gurukulam hostel. W.P.(C)NO.31208/2007 2 3. Respondents 1 and 2 got married in the year 1991 and the child Iswarya was born in 1993. The petitioner claimed that he is the father of Iswarya and the first respondent is her mother. According to the petitioner, the child was born out of an illegal relationship between himself and the second respondent. According to the respondents, they are the parents of the minor child. At the time of filing I.A. No.2161 of 2007, the child was studying in the 10th standard at Gurukulam Public School, Venginissery. During that time, the child was in the custody of the petitioner in the Original Petition. By order dated 26.6.2007, the Family Court allowed the application and issued direction to the petitioner in the Original Petition to admit the child to a hostel specified by the respondents. The order of the Family Court in I.A. No.2161 of 2007 was challenged by the petitioner in W.P.(C) No.21098 of 2007. This Court did not interfere with the order of the Family Court finding that the only direction issued by the Family Court was to accommodate the child in a hostel. Ext.P5 is the judgment in W.P.(C) No.21098 of 2007. The petitioner then filed I.A. No.4038 of 2007 for cancellation or modification of the order in I.A. No.2161 of 2007. The respondents filed I.A. No.4085 of 2007 for a direction to the Deputy Superintendent of Police, Vanitha Cell to take custody of the minor child Iswarya and to get her admitted in a ladies hostel. The Family Court dismissed I.A. No.4038 of 2007 and W.P.(C)NO.31208/2007 3 allowed I.A. No.4085 of 2007 directing enforcement of the order in I.A. No.2161 of 2007. 4. The parties and the child appeared before this Court on more than one occasion. We have also talked to the parties in order to arrive at a settlement regarding the custody of the child. Finding that there is no possibility of a settlement, we decided to consider the matter on merits. 5. The order dated 26.6.2007 was passed at a time when the child was studying in the 10th standard at Gurukulam Public School, Venginissery. The child has passed the 10th standard and is now studying at C.N.N. Higher Secondary School, Cherp which is ten kilometers away from Thrissur town. The first respondent in O.P. No.758 of 2007 is admittedly the mother of the child. The dispute is between the petitioner and the second respondent as to who is the father of the child. That is a question yet to be decided. But the undisputed natural guardian, the mother is there. The request of the first respondent/mother to meet the child and to interact with her at an independent place is a reasonable request. This is possible only if the child is admitted in a hostel. According to the respondents, the minor child came into the custody of the petitioner in the year 2005 and till that time, the child was with them at W.P.(C)NO.31208/2007 4 Konoor. There is nothing wrong in the spirit of Ext.P10 order passed by the Family Court. We make it clear that if the Higher Secondary School where the child is studying has hostel facilities, the child should be accommodated there and if there is no hostel in the said school, the parties should find out a hostel to accommodate the child so that her studies are not affected. The needful shall be done within two weeks from today. Iswarya is doing her plus one and plus two course and it is reported that she is doing well in her studies. Since the parties have failed to adjust and accommodate each other, this is the only possible solution. The respondents have offered to meet the expenses incurred for the child. It is left to the petitioner to accept the offer or not. Iswarya is now aged 16 1/2 years and she will attain majority after 1 1/2 years. The above arrangement will continue until she attains majority and thereafter it is for the parties to seek appropriate orders from the Family Court. The Writ Petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.31208/2007 5 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C)NO.31208/2007 JUDGMENT 2ND SEPTEMBER, 2008