IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 OP (FC).No. 183 of 2010(R) -------------------------- OP.562/2010 of FAMILY COURT,ERNAKULAM .................... PETITIONER): -------------------- KAVITHA, D/O.VARGHESE, MANICKATHAN HOUSE, OKKAL, VIA KALADY, ERNAKULAM DISTRICT. NOW WORKING AS STAFF NURSE IN ST.RICHARDS HOSPITAL AT CHICHESTER, WEST SUSSEX, U.K., REPRESENTED BY HER MOTHER AND P/A HOLDER, LISSY VARGHESE AT MANICKATHAN HOUSE, OKKAL, VIA KALADY,ERNAKULAM DT. BY ADV. SMT.K.GIRIJA RESPONDENT(S): --------------- BINOJ BHARGAVAN, S/O.BHARGAVAN, "AISWARYA", NEAR J.B.S., ANGAMALY, ERNAKULAM DISTRICT. ADV. SRI.SAIBY JOSE KIDANGOOR FOR R1 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.L. JOSEPH FRANCIS, JJ. ------------------------------------------------- O.P.(FC) No.183 of 2010-R ------------------------------------------------- Dated this the 5th day of October, 2010 JUDGMENT Basant,J. This judgment must be read in continuation of our order dated 4/10/10. We have received the report dated 5/10/10 from the learned Judge of the Family Court, Ernakulam. Subsequently, the learned counsel for the petitioner and the respondent have appeared before us. They submit that the learned Judge of the Family Court has already disposed of O.P. (G&W) No.562/10 earlier on this day. In these circumstances, the learned counsel submit that no further directions are necessary in this O.P.(FC). The counsel, however, pray that the Family Court may be directed to forthwith issue a copy of the order in O.P.(G&W) No.562/10 as without a copy of the order in O.P.(FC) No.183 of 2010 -: 2 :- O.P.(G&W) No.562/10 the children face the prospect of deportation imminently. 2. This O.P.(FC) is, in these circumstances, dismissed as unnecessary now. We do, however, expect the Family Court, Ernakulam, to forthwith furnish a copy of the order in O.P. (G&W) No.562/10 to the petitioner in O.P.(G&W) No.562/10. Compliance shall be reported to this Court. 3. Hand over a copy of this judgment to the learned counsel for the petitioner. Sd/- R. BASANT (Judge) Sd/- M.L. JOSEPH FRANCIS (Judge) Nan/ //true copy// P.S. to Judge O.P.(FC) No.183 of 2010 -: 3 :- R. BASANT & M.L. JOSEPH FRANCIS, JJ. ------------------------------------------------- O.P.(FC) No.183 of 2010-R ------------------------------------------------- Dated this the 4th day of October, 2010 ORDER Basant,J. The petitioner and the respondent are the only parties in O.P.(G&W) No.562/10 pending before the Family Court, Ernakulam. According to them, the matter has been settled between the parties. They have already entered appearance before the Family Court through counsel. They want emergent orders for the final disposal of O.P.(G&W) No.562/10. They have reasons for insisting on such orders. According to them, their two minor children aged above 10 years and 4 years respectively are likely to be deported if emergent orders are not passed in O.P.(G&W) No.562/10. The said O.P. was filed on 5/4/10 and the compromise petition was filed on 20/9/10. In spite of that, orders are not passed in that O.P. In these circumstances, both the petitioner as also the respondent (who have both entered appearance through counsel before us) pray that there may be a direction for expeditious disposal of O.P. (G&W) No.562/10. Both counsel pray that orders may be O.P.(FC) No.183 of 2010 -: 4 :- directed to be passed by 5/10/10 at the latest. 2. We are not satisfied that any such final or peremptory directions need be issued now. We direct that a report of the Family Court, Ernakulam, be called for to explain to us why O.P. (G&W) No.562/10 is not disposed of . If the submission of both counsel - Advocate Smt. K. Girija and Advocate Mr.Saiby Jose Kidangoor, who appear for the parties is correct, the need to pass emergent orders in the said O.P. is certainly there. We expect the Family Court to pass appropriate orders in O.P. (G&W) No.562/10 - in accordance with law of course, as expeditiously as possible, even before submitting the report to us. 3. Call on 5/10/10 at 4 p.m. for report of the Family Court. The Family Court shall forward the report to us through special messenger. R. BASANT (Judge) M.L. JOSEPH FRANCIS (Judge) Nan/