IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 11658 of 2008(S) -------------------------- OP.1660/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER: ----------------- SHABU, S/O. K. SAYED KANNU, AGED 33 YEARS, VALIYADIPUTHEN VEEDU, NEDUMON, KOVALAM POST, THIRUVANANTHAPURAM AND WORKING AS POLICE CONSTABLE IN DELHI POLICE AND RESIDING AT H.26, POLICE STATION, CHANACKAPURI, NEW DELHI-21. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS: --------------------- YOOBI YOUSUF, D/O. BEEMA YOUSUF, AGED 29 YEARS, KARIPPAYI MANZIL, THAIKKATTUKARA, NEAR FIT, THAIKKATTUKARA POST, ALUVA-683 106 AND WORKING AS STENOGRAPHER, IB SIB, KARSHAKA ROAD, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 4.4.2008, THE COURT ON 04/04/2008 DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- W.P(C).No.11658 OF 2008 ----------------------------------------- Dated this the 4th day of April, 2008 JUDGMENT Koshy, J. A 2 ½ year old child was entrusted to the custody of the mother. Appellant is the father. He is in Delhi. This Writ Petition is filed for interim custody of the child to the father. The Family Court has permitted the father to see the child on the third Saturday of every month as an interim measure, by Exhibit P5 order. Considering the age of the child, at present we are unable to order that the child be taken out from the State and be with the father at Delhi. But he has genuine difficulties in coming to Kerala on all months. We make it clear that if the appellant wants any alteration of the order of the Family Court, he can approach the Family Court so that when the appellant comes out for leave, if an application is filed, the Family Court can allow him to see the child for more days in the court premises during leave period. The Writ Petition is disposed of as above. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. 2 J.B.KOSHY & K.HEMA, JJ. ------------------------------ W.P(C).No.11658 OF 2008 ------------------------------ JUDGMENT 4.4.2008