IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 11122 of 2010(R) -------------------------- PETITIONER: --------------- DR.MRITYUNJAY C.MODI, AGED 42 YEARS, S/O.C.M.MODI, 904, NATIONAL HERITAGE BUILDING, S.R.M.ROAD, ERNAKULAM. BY ADV. SRI.D.AJITHKUMAR RESPONDENT: --------------- SREERATHNA ATHRI, AGED 37 YEARS, D/O.RAVEENDRA NATH ATHRI, 207, AGRAHARA, VALYASALA STREET, THIRUVANANTHAPURAM (NOW RESIDING IN THE GODOWN OF ISKCON, AGRAHARA, THYCAUD, THIRUVANANTHAPURAM). ADV. SMT.S.A.SHERLY FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(C) No.11122 of 2010 ********************* Dated this the 27th day of May, 2010 JUDGMENT BASANT, J. The petitioner in this Writ Petition assails an interim order passed by the Family Court, Ernakulam in an application for custody filed by him. 2 The parties to this proceedings are spouses. A child is born in the wedlock. The child has undergone a cardiac surgery. The child along with its mother is now residing at Trivandrum. The petitioner in the O.P prayed that he may be granted an opportunity to see and interact with his child. He filed an interim application seeking that relief pending disposal of the O.P. That petition was dismissed by the impugned order. 3. When this Writ Petition came up for admission, the learned counsel for the petitioner made only one submission. He prayed that subject to any appropriate terms and conditions, he may be permitted to see his child at any place convenient to the respondent, his wife. W.P(C) No.11122 of 2010 2 4. We felt that the said request was absolutely reasonable. The respondent has entered appearance. The application is opposed. The learned counsel for the respondent submits that, at any rate, the child cannot be brought to the Family Court, Ernakulam, the child having undergone a cardiac surgery recently. 5. We explored other possibilities. The idea of the petitioner visiting the child at the residence of the respondent is unacceptable for various reasons. In the peculiar facts and circumstances of this case, we are satisfied that appropriate directions can be issued to facilitate the petitioner, admittedly, the father of the sick child, to meet the child. 6. This Writ Petition is accordingly allowed in part. In modification of the impugned order it is directed that the petitioner/father shall have opportunity to see and interact with the child in the premises of the Family Court, Trivandrum between 10 a.m and 5 p.m on the first Mondays of every English calendar month. Though this matter is not pending before the Family Court, Trivandrum, we direct the Family Court, Trivandrum, to make necessary arrangements for implementation of this order. W.P(C) No.11122 of 2010 3 7. The Registry shall forthwith communicate this order both to the Family Court, Ernakulam and to the Family Court, Trivandrum. The parties shall be at liberty to seek further directions, if any, in the matter from this Court. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/