IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 20970 of 2008(S) -------------------------- OP 2474/05, OP(G&W) 1281/07, OP 156/08 & OP.157/2008 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: ------------ SANDHYA, W/O.SHAJI, AGED 27 YEARS, RESIDING AT SANDHYA BHAVAN, CHEMPAKASSERY, ADAYAMON P.O, THIRUVANANTHAPURAM DISTRICT. BY ADV. SMT.K.KUSUMAM RESPONDENTS: ------------- SHAJI, S/O.KARTHIKEYAN, AGED 40 YEARS, YEARS, RESIDING AT GANDHI SADANAM, KARETTE, PULIMATH P.O.CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DIST. BY ADV. SRI.M.DINESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.20970/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF O.P.2474/05 FILED BY THE RESPONDENT HUSBAND. EXT.P2 : TRUE COPY OF WRITTEN STATEMENT AND COUNTER CLAIM OF THE PETITIONER IN O.P.2474/2005. EXT.P3 : TRUE COPY OF O.P.(G&W) 1281/2007 FILED BY THE RESPONDENT. EXT.P4 : TRUE COPY OF THE PLAINT IN O.P.156/2008 OF THE HON'BLE FAMILY COURT, NEDUMANGAD. EXT.P5 : TRUE COPY OF O.P.157/08 OF THE HON'BLE FAMILY COURT, NEDUMANGAD. EXT.P6 : TRUE COPY OF JOINT TRIAL PETITION FILED BY THE PETITIONER. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C) No.20970 of 2008 ---------------------------------------------- Dated 12th August, 2008. J U D G M E N T Kurian Joseph, J. The writ petition is filed mainly with the following prayer :- “To pass an order in the form of writ or other appropriate order or direction, directing the Hon'ble Family Court, Nedumangad to conduct joint trial of Exts.P1, P3, P4 and P5 cases as required in Ext.P6 joint trial petition, and to dispose of the same as expeditiously as possible, within a time frame, as fixed by this Hon'ble Court.” 2. Ext.P1 (O.P.2474/05) is an original petition filed by the respondent before the Family Court, Nedumangad, seeking restitution of conjugal rights. Ext.P2 is a counter claim for return of money and gold ornaments. Ext.P3 (O.P.(G&W) 1281/07) is filed by the respondent seeking a direction to appoint him as guardian of the minor child, and seeking permanent custody. Ext.P4 (O.P.156/08) is filed by the petitioner for return of money and gold ornaments. Ext.P5 (O.P.157/08) is filed by the petitioner seeking a decree of divorce. Ext.P6 is a petition for joint trial. 3. When the writ petition came up before us, we directed the parties to be present before this court. We also had WP(C) NO.20970/08 2 the assistance of Adv.Smt.Sali Thomas Chacko as Conciliator. After having talked to the parties, we find that a reconciliation at this stage may not be workable. Therefore, it is submitted that the respondent does not want to pursue O.P.2474/05. The said original petition is struck off from the files of Family Court, Nedumangad. There will be a direction to the Family Court, Nedumangad to pass appropriate orders on Ext.P6 application for joint trial, within a period of three months from the date of production of a copy of the judgment. We make it clear that this judgment shall not stand in the way of the Family Court adopting its own course in making further attempts for reconciliation, and dismissal of O.P.2474/05 in the matter of restitution of conjugal rights shall have no bearing on such attempts. 4. As far as interim custody of the child (Gouri) is concerned, we permit Smt.Sulochana, the elder sister of the respondent to collect the child from the residence the petitioner on all Sundays between 9 a.m. and 10 a.m. and the child shall be taken back to the petitioner before 6 p.m. on the same day. It will be open to the respondent to be with the child during the above interval. We make it clear that Smt.Sulochana shall take WP(C) NO.20970/08 3 care of the child and shall not leave the child alone and she shall be responsible for the custody of the child. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- W.P.(C) No.20970 of 2008 ---------------------------------------------- J U D G M E N T Dated 12th August, 2008.