IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 OP (FC).No. 1560 of 2011(R) ------------------------------------------------- OPG&W.149/2011 of FAMILY COURT,KOLLAM .................... PETITIONER ------------------ G.PRAKASH, S/O.GOPINATHAN ACHARI, SURESH BHAVAN, JAYANTHI COLONY, PUNNACODE, CHENKULAM.P.O., KOLLAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.T.PRASAD RESPONDENT(S): ----------------------- SREEDEVI.V., D/O.VIJAYAMMA, ROADVILA PUTHEN VEEDU, ADICHANALLOOR CHERRY, KUMMALLOOR.P.O., NEDUMPANA VILLAGE, KOLLAM DISTRICT. PIN-691 653. BY ADV. SRI.JOHNSON GOMEZ THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- O.P.(F.C.) No. 1560 OF 2011 ------------------------------------------ Dated this the 7th day of June 2011. JUDGMENT K.M. Joseph, J. In the Original Petition filed under Article 227 of the Constitution of India, the prayers are as follows: “i. Call for the records leading to the Orders dated 11.04.2011, 12.04.2011 and 20.04.2011 in O.P. (G&W) No: 149/2011 of the Family Court, Kollam and set aside the same as illegal. ii. Declare that the Orders dated 11.04.2011, 12.04.2011 and 20.04.2011 in O.P.(G&W) No: 149/2011 of the Family Court, Kollam granting custody of the Minor Wards by name Sruthi P. and Diya P. to the Respondent is contrary to the provisions of Guardian and Wards Act, the Code of Civil Procedure and the Family Courts Act. iii. Direct the Family Court, Kollam to allow Ext.P2 and P3 Application in I.A.No.1249/2011 and O.P.(F.C.) No. 1560 OF 2011 R 2 1249/2011-A in O.P. (G&W) No:149/2011 and decide the case on merits in accordance with law and till then, the custody of the Minor Wards by name Sruthi P. and Diya to the petitioner may not be disturbed. iv. Direct the Family Court, Kollam to issue orders dated 11.04.2011, 12.04.2011 and 20.04.2011 in O.P.(G&W) No: 149/2011 to the petitioner within a stipulated time as directed by this Honourable Court.” 2. Subsequently, the orders are produced. The matter relates to custody of the minor children of the petitioner and the respondent. 3. There is no dispute that subsequent to the filing of the Original Petition, the Original Petition filed by the respondent itself has been decreed, though ex parte. There is also no dispute that an application to set aside the ex parte decree has been filed by the petitioner which is pending consideration. In such circumstances, we do not wish to proceed to consider the matter in this Original Petition. We record the submission of the learned O.P.(F.C.) No. 1560 OF 2011 R 3 counsel for the respondent that the respondent will not take steps for prosecution for non-compliance with the impugned orders in this Original Petition. Besides recording the same, we also direct the Family Court to take a final decision on the application to set aside the decree filed by the petitioner within a period of one month from the date of production of a copy of this Judgment before the Family Court. The Original Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True Copy// PS to Judge O.P.(F.C.) No. 1560 OF 2011 R 4