IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 31567 of 2009(R) -------------------------- OP.835/2009 of FAMILY COURT, THIRUVALLA OS.295/2004 of SUB COURT, PATHANAMTHITTA (EP 80/06) .................... PETITIONER : --------------- ANILKUMAR, AGED 39 YEARS, S/O.CHELLAPPAN,PURAVILAYIL VEEDU,NEDUMANKAVU, KOODAL MURI AND VILLAGE,PATHANAMTHITTA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.P.V.RAVEENDRAN RESPONDENT : --------------- P.C.KUTTAPPAN,AGED 85 YEARS, THANNIMOOTTIL,NEDUMANKAVU,KOODAL MURI AND VILLAGE, PATHANAMTHITTA DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(C) No.31567 of 2009 ------------------------------------- Dated this the 5th day of November, 2009 JUDGMENT BASANT, J. The petitioner has come to this Court with twin requests. He prays that O.P.No.835 of 2009 pending before the Family Court may be disposed of expeditiously. He prays that the same may be referred to the Lok Adalat. He further prays that proceedings in an execution petition against him, ie. E.P.No.80 of 2006, may be kept in abeyance until the said dispute is resolved. 2. We have heard the learned counsel. We find absolutely no merit in the prayers. A brief narration of facts which led to the O.P may be relevant. 3. Admittedly the mother of the claimant/minor is no more. There was a dispute regarding custody of the minor child. The matter was settled at the Lok Adalat. An award was passed by the Lok Adalat. As per the terms of the award, the child was left in the custody of its maternal grandfather, ie. the respondent herein. The petitioner agreed to deposit an amount of Rs.5,000/- W.P(C) No.31567 of 2009 2 which would be available to the child on attainment of majority along with interest. He further admitted the liability to pay an amount of Rs.300/- per mensem as maintenance for the child who has to continue in the custody of its maternal grandfather. 4. The amount of Rs.5,000/- was not paid. The monthly maintenance @ Rs.300/- was also not paid. This ultimately obliged the grandfather to file E.P.No.80 of 2006 claiming the said amount of Rs.5,000/- and the balance amount of Rs.39,600/- due under the award of Lok Adalat. It is during the pendency of that E.P, that the petitioner has now filed O.P.No.835 of 2009 for custody of his minor child. 5. We have no hesitation to agree that the Family Court, Thiruvalla must dispose of O.P.No.835 of 2009 as expeditiously as possible. We have also no dispute that if necessary the said dispute can be referred to the Lok Adalat in accordance with law. But we are unable to understand the prayer to keep the E.P pending. Whether the O.P now filed is allowed or not, under the terms of the award of the Lok Adalat dated 30.01.1999, the petitioner herein is liable to pay the amount of Rs.5,000/- as also W.P(C) No.31567 of 2009 3 monthly maintenance @ Rs.300/- per mensem until the custody of the child is taken away from the child's maternal grandfather, the respondent herein. 6. It is not difficult to read between the lines and realise that this Writ Petition is a transparent and shameless attempt to stall the proceedings in the E.P. We are not persuaded to agree that the jurisdiction under Article 227 of the Constitution of India can or need be invoked in the given circumstances. 7. In the result: a) This Writ Petition is dismissed; b) We make it clear that the petitioner's option to seek expeditious disposal of O.P.No.835 of 2009 pending before the Family Court, Thiruvalla by reference to a Mediator, if necessary, shall remain unfettered. But at any rate, the E.P will have to be disposed of without taking note of the pendency of O.P.No.835 of 2009 immediately by the court below. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-