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 1ST FEBRUARY 2011 / 12TH MAGHA 1932 OP (FC).No. 443 of 2011(R) -------------------------- AGAINST THE ORDER DATED 28/12/2010 IN IA 3106/2010 IN OP.1191/2010 of FAMILY COURT, ALAPPUZHA .................... PETITIONERS/RESPONDENTS ------------------------------------------- 1. SONYA SANTHOSH, AGED 21, W/O. PYARILAL, THURUTHEL VEEDU, CHARAMANGALAM, MUHAMMA. 2. PARVATHI PYARILAL, AGED 2 YEARS(MINOR), REPRESENTED BY 1ST PETITIONER. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.M.SUNILKUMAR RESPONDENT(S): --------------- PYARILAL, AGED 35, S/O. PUSHKARAN, KORAMPARAMBIL VEEDU, KAYIPURAM, MUHAMMA. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P. (F.C.) No. 443 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February 2011 JUDGMENT Joseph J., The petitioner has approached this Court with a prayer to set aside the operation of Ext.P2. There was further direction sought to the Family Court, Alappuzha to permit the respondent to interact with the 2nd petitioner in the presence of the 1st petitioner. 2. Briefly put the case of the petitioners is as follows. The petitioners are the respondents in O.P. (Guardian and Wards Act) on the file of Family Court, Alappuzha. The said petition was filed by the respondent seeking custody of second petitioner, who is a minor child born in the marriage between the 1st petitioner and the respondent. By Ext.P2 order, custody was granted to the respondent from 2.1.2011 at 10.00 a.m. till 5.00 p.m., after obtaining a bond from the respondent and his mother. Ext.P3 is the O.P. (F.C.) No. 443 of 2011 :2: bond executed. A perusal of Ext.P2 order would show that the parties had consensus in the matter of short custody that was to be granted on 2.1.2011. As per the order the father was to collect the child from the hands of mother at 10.00 a.m. on 2.1.2011 and keep safe custody of child till 5.00 p.m. on 2.1.2011 and he was to return the child to mother at her residence at 5.30 p.m. 3. We find absolutely no illegality or infirmity so as to warrant interference under Article 227 of the Constitution of India. 4. Accordingly this Writ Petition is dismissed. This will be without prejudice to any right which the petitioner has to approach the Family Court itself. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/