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Judgment
7 paragraphs · 351 wordsP.G.Ajithkumar, J.
The petitioner is the 1st respondent in G.O.P.No.1456 of 2022 on the file of the Family Court, Ernakulam. The respondent herein filed that original petition seeking to declare him the guardian of minor children Nandini, aged 9 years and Nivedh, aged 4 years. The petitioner has entered appearance and filed written statement along with a counterclaim. She claims to declare her the guardian of the children and handover to her custody of the children. She also filed I.A.No.7051 of 2022, Ext.P3 seeking interim custody of the children. Since there occurred delay, the petitioner filed Ext.P4, I.A.No.7050 of 2022, seeking to advance the date of hearing to the very next date. Later, she filed I.A.No.8896 of 2022 again for a similar relief. The matter has not yet been taken up for consideration by the Family Court, and therefore, she has filed this Original Petition under Article 227 of the Constitution of India seeking to direct the Family Court to dispose of the aforesaid applications expeditiously.
Considering the nature of relief proposed to be granted, service of notice on the respondent is dispensed with.
Heard the learned counsel appearing for the petitioner.
The contention of the petitioner is that the children were taken from her custody by the respondent forcibly. Therefore, she wants to get back custody of the child. Her grievance now is that there occurs delay for considering her application for interim custody, Ext.P3; despite filing several applications for advance the hearing date and take up Ext.P3 for consideration.
Since the allegation of the petitioner-mother is that the minor children were taken away forcibly by the respondent, there is urgency in considering Ext.P3 interlocutory application, which is one filed by the petitioner seeking interim custody of the children.
In the circumstances, we are of the view that the Family Court, Ernakulam has to consider Ext.P3 without any further delay. Hence, this Original Petition is disposed of directing the Family Court, Ernakulam to consider Ext.P3 (I.A.No.7051 of 2022 in O.P.No.1456 of 2022) on 19.12.2022 and take a decision on it in accordance with law, expeditiously.