IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 27627 of 2010(C) PETITIONER: ADICHATH KUNHIKANNAN, S/O.KORAN, AGED 65 YEARS, ADICHATH HOUSE, KUMMANAD, MORAZHA POST, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH RESPONDENTS: 1. THE HEAD MISTRESS, METADI L.P.SCHOOL, PORORA POST, MATTANNUR VIA., KANNUR DISTRICT-670 482. 2. THE ASSISTANT EDUCATIONAL OFFICER, MATTANNUR, SUB DISTRICT EDUCATIONAL OFFICE, MATTANNUR POST, KANNUR DISTRICT-670 482. 3. M.SATHEESH KUMAR, S/O.KANNAN, AGED 40 YEARS, PREM NIVAS, METADI, PORORA POST, MATTANNUR VIA., KANNUR DISTRICT- 780 482. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 27627 OF 2010 C ------------------------------------------------------ Dated this the 6th day of September, 2010 JUDGMENT The daughter of the petitioner was married to the third respondent. Two children, namely, Sanjay Kumar and Sachin.A, were born in that wedlock. It is submitted that there was demand for dowry by the third respondent and the third respondent used to harass the daughter of the petitioner. It is stated that after the birth of the first child, the daughter of the petitioner left the matrimonial home on account of the cruelty meted out by the third respondent. Thereafter, a mediation followed and the daughter of the petitioner was taken by the third respondent. Even thereafter, harassment continued, says the petitioner. On 27.9.2009, the daughter of the petitioner, namely, Kappadan Sajitha, committed suicide. A crime was registered for unnatural death. It is stated that subsequently the third respondent was implicated for the offence and he was arrested. 2. The minor children are studying in Metadi L.P.School, which is situated near the house of the third respondent. The W.P.(C) NO.27627 OF 2010 :: 2 :: petitioner submitted application to the first respondent for issuing transfer certificate of the two minor children so that they could be admitted in the Central A.U.P.School, Morazha. That application was rejected by the Headmistress of the Metadi L.P. School on the ground that the third respondent is the guardian of the minor children and that the third respondent had given written instruction not to issue transfer certificate to the children without his knowledge. The petitioner approached the Assistant Educational Officer by way of appeal. The Assistant Educational Officer rejected the request made by the petitioner, as per Ext.P3 order. 3. The third respondent has filed O.P.No.195 of 2010 before the Family Court, Kannur against the writ petitioner and his wife for the custody of the minor children. O.P.No.195 of 2010 is pending consideration. 4. Since the application for custody of the children is pending before the Family Court, it is not proper, at this stage, to consider whether the minor children should be shifted to Central A.U.P.School, Morazha and, for that purpose, whether it is necessary to issue a direction to the first respondent to issue transfer W.P.(C) NO.27627 OF 2010 :: 3 :: certificates. The contentions raised by the petitioner need not be considered at this stage, since the question of custody of the children is pending consideration before the Family Court. If any order is passed in favour of the petitioner in this writ petition, it would be practically interfering with the jurisdiction of the Family Court to decide upon the question of custody of the children, taking into account the welfare of the children and other facts and circumstances necessary for the disposal of the application. 5. At the same time, if the Family Court decides the question of custody of the children in favour of the petitioner, the petitioner may approach this Court challenging Exts.P2 and P3, in which case, the question will be considered on the merits. With the above observations, the Writ Petition is disposed of. (K.T.SANKARAN) Judge ahz/