IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 17663 of 2010(R) -------------------------- OP.362/2010 of FAMILY COURT,THRISSUR .................... PETITIONER: --------------- RESHMA, AGED 30,D/O.NEELAMAKIL MONY, KADAVALLUR DESOM, TALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENTS: --------------- 1. U.V.MADHU, S/O.U.I.VIJAYAN, OOTUMADATHIL HOUSE, PARANNUR, KECHERY, P.O.CHOONDEL, THRISSUR DISTRICT. 2. U.I.VIJAYAN, OOTUMADATHIL HOUSE, PARANNUR, KECHERY, P.O.CHOONDEL, THRISSUR DISTRICT. 3. LEELA, W/O.U.I.VIJAYAN, OOTUMADATHIL HOUSE,PARANNUR, KECHERY , P.O.CHOONDEL, THRISSUR DISTRICT. 4. D.PAUL,E.M.HIGHER SECONDARY SCHOOL, P.O.CHOODEL,THRISSUR DISTRICT, REPRESENTED BY ITS PRINCIPAL. 5. BADHANI E.M.S.SCHOOL, KUNNAMKULAM,REP.BY ITS PRINCIPAL, KUNNAMKULAM P.O.,THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(C) No.17663 of 2010 ********************* Dated this the 21st day of June, 2010 JUDGMENT BASANT, J. Petitioner is the mother of a minor child. Between the father of the child and the petitioner, there are proceedings before the Family Court. The petitioner has admitted the minor child to a school in Choondal. The father of the child has remarried and has already begotten another child in that marriage, it is submitted. The father is now employed abroad. Considering the nature of certain contentions raised in the pending O.P, the petitioner/mother applied before the Family Court for a direction to the school authorities (of the school which the child is now attending) to issue transfer certificate of the child so that the child could be got admitted to a nearer school at Kunnamkulam. The father and mother of the husband are already on the party array and notice has been given to them. The learned Judge of the Family Court, in these circumstances, felt that the father of the child shall also be heard in this matter before any directions regarding the issue of W.P(C) No.17663 of 2010 2 transfer certificate is issued. Accordingly the learned Judge has directed that notice be issued to the father of the minor child. 2. The petitioner has come to this Court with the grievance that her prayer for issue of transfer certificate has not been considered expeditiously by the Family Court. 3. Report of the Family Court was called for. The learned Judge of the Family Court has explained the circumstances under which notice has been ordered to the father of the child. The matter now stands posted to 05.07.2010. As soon as the father of the child is served, appropriate directions shall be issued in accordance with law, undertakes the learned Judge of the Family Court. 4. We have considered the submissions of the learned counsel for the petitioner. We have perused the report of the Family Court. We are of opinion that the Family Court committed no indiscretion warranting interference in directing that notice be issued to the father of the child before a decision is taken on the question of shifting the child from the school which the child presently attends to another school. The matter stands posted to 05.07.2010, it is submitted. The learned counsel for the petitioner submits that the parents of the father W.P(C) No.17663 of 2010 3 of the child are already on the party array. The father of the child is aware of the proceedings. The parents of the father are opposing the application and, in these circumstances, the failure/refusal of the father to appear need not be given undue importance. 5. The petitioner can make all the submissions before the Family Court. If the father is deliberately avoiding the processes, it is for the Family Court to take a decision in the matter. We need only observe that the matter shall be disposed of by the Family Court as expeditiously as possible in accordance with law. 6. This Writ Petition is, in these circumstances, dismissed accepting the report of the Family Court. The Family Court shall report compliance to the Court after disposal of the application filed by the petitioner. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/ W.P(C) No.17663 of 2010 4 W.P(C) No.17663 of 2010 5 R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(C) No.17663 of 2010 ********************* Dated this the 8th day of June, 2010 O R D E R BASANT, J. The short grievance of the petitioner is that I.A.No.3457 of 2010 filed by him before the Family Court, Trichur, seeking interim directions in O.P.No.362 of 2010, is not disposed of by the Family Court. According to the petitioner, there is great urgency for passing orders in the said I.A as it affects the future of the minor child. The grievance of the petitioner is that the Family Court has not been able to dispose of the same so far. 2. Call for a report from the Family Court. Is I.A.No.3457 of 2010 pending before that court? If so, why has that not been disposed of? What time will be required by the learned Judge to dispose of the said case? The report must throw light on the above aspects. We need only mention that if W.P(C) No.17663 of 2010 6 there is no legal impediment, we expect the learned Judge to dispose of the same as expeditiously as possible, in accordance with law. 3. Await report of the learned Judge. Call on 18.06.2010. 4. Hand over a copy of this order to the learned counsel for the petitioner for immediate production before the Family Court. The Registry shall communicate the order to the Family Court over telephone/fax. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/