IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 OP (FC).No. 1337 of 2011(R) ------------------------------------- OP.668/2009 of FAMILY COURT, PALAKKAD .................... PETITIONER(S): -------------------- SNEHA, AGED 29 YEARS, D/O. P.K. VELAYUDHAN, SNEHALAYAM, THANNEERKKOD, CHALICHERRY, OTTAPPALAM. BY ADV. SRI.K.MANOJ CHANDRAN SRI.P.R.AJITHKUMAR RESPONDENT(S): ------------------------ ANANDRAJ BHASKARAN, AGED 32 YEARS, S/O.BHASKARAN, POOLAKATTU HOUSE, KOLALAMBU, EDAPPAL, PONNANI, MALAPPURAM-676 505. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ O.P.(FC) No.1337 of 2011-R ---------------------------------------------- Dated, this the Ist day of April, 2011 J U D G M E N T K.M.Joseph, J. Petitioner challenges Ext.P5 order in I.A.66/2011. Petitioner is the respondent in the said I.A. She is the mother of a minor child whose temporary custody was directed to be handed over to the respondent herein who is the petitioner in the I.A. Temporary custody has been directed to be given by the Family Court to the father of the child who should come with his parents to receive the child. The custody is purely temporary and it was to be given on 31.3.2011 and the child is to be returned on 2.4.2011, that is to say, the custody was only for two days. 3. Sri.Manoj Chandran, learned counsel for the petitioner submits that the child is a girl aged 5 ½ years. He would also submit that having regard to the circumstances, overnight custody may not be ordered to be given. 4. We must first of all remind ourselves that this is not an appeal. This is a petition filed under Article 227. OPFC 1337/2011 -2- The order cannot be said to be passed without jurisdiction. No jurisdictional infirmity is sought to be attached to the order as such. The only argument appears to be that custody cannot be given overnight. We fail to see any merit in this case at all. We may also notice in this regard that the Family Court has taken notice of the presence of the paternal grandparents and has directed that the respondent/father should come with his parents to receive the child. The period of temporary custody is just two days. Absolutely no grounds exists to interfere with the order. Accordingly, we dismiss the Original Petition. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS