IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 26945 of 2010(R) -------------------------------------- AGAINST THE ORDER DATED 19/08/2010 IN I.A.1982/10 IN OP.117/2010 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): ---------------------- SMITHA, D/O. DAMODARAN, AGED 33 YEARS, ARADHANA, ANAGADIPPURAM, PERINTHALMANNA, MALAPPURAM DISTRICT. BY SRI.T.KRISHNANUNNI (SENIOIR) BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): ------------------------ KRISHNAKUMAR M., S/O. MEEMPAT PUTHIYAKOVIL KOMALAN, AGED 40 YEARS, MEEMPAT PUTHIYAKOVIL HOUSE, DPO NEW BYEPASS ROAD JUNCTION, MALAPPURAM-676 505. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & T.R.RAMACHANDRAN NAIR, JJ. ------------------------------------------------------ W.P.(C) No.26945 of 2010-R ---------------------------------------------- Dated, this the 6th day of September, 2010 J U D G M E N T K.M.Joseph, J. Petitioner challenges Ext.P12. Ext.P12 is an order passed by the Family Court, Malappuram granting interim custody of two children of the petitioner and respondent to the respondent from 21.8.2010 till 29.8.2010. 2. We heard Sri.Krishnanunni, the learned senior counsel for the petitioner. It is submitted that the writ petition was attempted to be filed on 20.7.2010 but leave was not granted and it is seen presented on 30.8.2010. We went through the order. 3. Learned senior counsel for the petitioner would submit that the main petition itself is posted to 8.9.2010 for evidence. We do not think that in exercise of the extra ordinary jurisdiction under Article 226 we should interfere with the order. However, we direct that when the Family Court, Malappuram takes up the main matter it shall proceed to WPC No.26945/2010 -2- consider and dispose of the same untrammelled by anything contained in Ext.P12. (K.M.JOSEPH) JUDGE. (T.R.RAMACHANDRAN NAIR) JUDGE. MS