IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 WP(C).No. 38210 of 2008(S) -------------------------------------- AGAINST THE ORDER IN IA NO.6706/2008 IN O.P.NO.99/2006 OF FAMILY COURT,ERNAKULAM. .................... PETITIONER: ------------------- SHANTO, AGED 40 YEARS, S/O.T.S.KURAIPE, RESIDING AT THARAYIL HOUSE, CHERUKADAPPURAM NORTH, KUTHIATHODU (PO), PUTHENVELIKKARA, ERNAKULAM. BY ADVS. SRI.SUNIL NAIR PALAKKAT, SRI.K.N.ABHILASH, SMT.R.LEELA. RESPONDENT/ RESPONDENT: -------------------------------------------- SHIJI THOMAS, D/O.THOMAS, CHIRAYATHU HOUSE, DESOM, ALUVA, ERNAKULAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN & T.R.RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.38210 of 2008-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of December, 2008. JUDGMENT Thottathil B.Radhakrishnan, J.: 1.By the order impugned, the Family Court has refused an application for interim relief sought for by the petitioner, the father of two minor children aged around 12 and 11 years. The custody has been refused by stating certain reasons. We are not, as of now, advised to go into the correctness or otherwise of those reasons, in so far as their factual contents are concerned. We are, however, satisfied that the court below has not recorded any desire from the side of the children to be with the father either during the Christmas or during the new year eve WP(C)38210/2008 -: 2 :- and to move away from the mother with whom they are now residing. We, therefore, find no jurisdictional error or legal infirmity in the impugned order warranting exercise of power under Article 226 or 227 of the Constitution also. 2.We, however, make it clear that if the petitioner seeks for relief in relation to any future lap of holidays or week ends, the learned Family Judge will ensure that the views of the children are also obtained in the matter. Subject to what is aforesaid, this writ petition is dismissed. Sd/- THOTTATHIL B. RADHAKRISHNAN, Judge. Sd/- T.R.RAMACHANDRAN NAIR, Judge. Sha/301208