IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 17744 of 2010(R) ---------------------------------------- AGAINST THE ORDER DATED 02/06/2010 IN IA.2797/2010 IN OP.NO. 646/2010 of FAMILY COURT,THRISSUR .................... PETITIONER/ RESPONDENT IN OP --------------------------------------------------- DR. MEGHA JAYAPRAKASH, D/O. JAYAPRAKASH, AGED 34 YEARS, T/C. 30/1403, NALUMUKKU, PETTAH, THIRUVANANTHAPURAM (NOW RESIDING AT X/24/A7, ALACKAL, DREAM HOUSE HOUSING COLONY, VELAPPAYA, M.G KAVU, THRISSUR. BY ADVS. SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENT/ PETITIONER IN OP -------------------------------------------------- DR. ARUN MOHANAN, AGED 36 YEARS, S/O. MOHANAN, AINIPPULLY HOUSE, VIYYUR.P.O, PADUKKAD, THRISSUR - 680 010. BY ADV. SRI.GEORGE JACOB (JOSE) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2011, ALONG WITH WPC NO. 22735 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.17744/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND RESPONDENT ON ONE PART AND BUILDER AND THE BANK ON THE OTHER SIDE DATED NOV.2009 P2 COPY OF THE I.A.NO.2797/10 IN GOP NO.646/10 BEFORE THE FAMILY COURT, THRISSUR DATED 21/4/2010 P3 COPY OF THE COUNTER FILED BY THE PETITIONER AGAINST I.A.NO.2797/10 IN GOP NO.646/10 BEFORE THE FAMILY COURT, THRISSUR DATED 10/5/10. P4 COPY OF THE COMMISSION REPORT DATED 30/4/10 IN I.A.NO.2796/10 OF FAMILY COURT, THRISSUR P5 COPY OF THE OBJECTION TO THE COMMISSION REPORT DATED 10/5/2010 SUBMITTED BY THE PETITIONER. P6 COPY OF THE COMMISSION APPLICATION FILED BY THE PETITIONER DATED 22/5/10. P7 COPY OF THE ORDER PASSED BY THE FAMILY COURT, THRISSUR IN I.A.NO.2797/10 IN OP.NO.646/10 DATED 2/6/2010. P8 COPY OF THE CERTIFICATE DATED 7/6/10 ISSUED BY THE HOD MEDICAL COLLEGE THRISSUR DATED 5/6/10 P9 COPY OF THE CERTIFICATE ISSUED BY THE BUILDER DATED 7/6/2010 P10 COPY OF THE OP.NO.758/10 FILED BEFORE THE FAMILY COURT THRISSUR. P11 COPY OF THE TRANSFER AND POSTING ORDER DATED 16/6/08 ISSUED BY THE DIRECTOR OF MEDICAL EDUCATION. P12 COPY OF THE PROGRESS CARD OF THE LKG CLASS ISSUED BY THE SCHOOL IN THE YEAR 2008-2009. P13 COPY OF THE PROGRESS CARD FOR THE UKG CLASS ISSUED BY THE SCHOOL IN THE YEAR 2009-2010. P14 COPY OF THE CERTIFICATE OF ARTS FESTIVAL IN SPEECH IN ENGLISH ISSUED BY THE SCHOOL IN THE YEAR 2009-2010. P15 COPY OF THE CERTIFICATE IN ANNUAL SPORTS MEET ISSUED BY THE SCHOOL IN THE YEAR 2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ sts P.S.TO.JUDGE THOTTATHIL B. RADHAKRISHNAN & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NOS: 17744 & 22735 OF 2010 ----------------------------------------------------------- Dated this the 28th July, 2011. JUDGMENT Thottathil B. Radhakrishnan, J. Read earlier orders dated 11-11-2010, 20-12-2010 and 21-7-2011. 2. As minuted in the last among the aforesaid orders, the matter can stand relegated to the Family Court preserving status quo obtained as of now and leaving the parties to move the Family Court for any order in relation to the children, if and when required and also for any attempt to conciliated conclusion of the litigation through ADR modes. 3. These writ petitions are therefore ordered directing that status quo, as of now, in terms of the earlier orders referred to above, shall continue to govern parties, however that, the WP(C) Nos: 17744 & 22735/2010 2 parties are at liberty to move the Family Court for any order in relation to the children if and when required. THOTTATHIL B. RADHAKRISHNAN Judge K. SURENDRA MOHAN Judge jj WP(C) Nos: 17744 & 22735/2010 3