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Judgment
18 paragraphs · 390 wordsK. Vinod Chandran, J
Petitioner is before this Court seeking early disposal of the Guardian OP filed before the Family Court, Thiruvananthapuram. The Guardian OP
itself is filed in the year 2018. The difficulty now expressed by the learned counsel is that since another Division Bench as per Ext.P6 directed that
Family Court is at liberty to consider the claim for interim custody of the minor child with overnight stay only at the time of final disposal of the
Original Petition, the Family Court is unable to consider the interim measure to that effect. It is also submitted that the compromise entered into
between the parties to provide interaction with the child in every first and second Saturdays has not been complied with.
The learned counsel for the respondent submits that only due to the pandemic situation it was not complied with. As of now the father cannot be
denied the company of the child merely for that reason. Both the parents are at Thiruvananthapuram. Ext.P6 order also provides the company of the
minor child to the father between 10.30 and to 3.00 pm on the scheduled dates within the court premises. This shall be complied with henceforth
without fail. It was also directed that in the stipulated time father would be allowed to take out the child from the court premises.
It is made clear that the petitioner would take out the child from the court premises only for the purpose of his parents who are said to be residing at
Nedumangadu, Thiruvananthapuram.
In any event, since the present interim arrangement is being continued, we direct the respondent to comply with the interim directions in Exts.P5
and P6 and the compromise entered into at Ext.P1. The learned counsel for the petitioner pressed for a direction to the Family Court to consider the
overnight custody as an interim measure which, however, as of now, is not possible due to another Division Bench having held that it could be
considered only at the disposal of the Original Petition. We are also not inclined to grant an early disposal especially since the matter is of the year
2018 and there are many long pending matters before the Family Court, Thiruvananthapuram.
We dispose of this Original Petition, granting liberty to the petitioner to file a review of Ext.P6.