High CourtsDivision Bench

Eby Cherian vs Jerema John

High Court Of Kerala · Decided on 9 February 2024 · Citation: (2024) 02 KL CK 0081

HON’BLE JUDGES
Anu Sivaraman, J · C.Pratheep Kumar, J
ACTS & SECTIONS REFERRED
Guardian and Wards Act, 1890 — Section 7
RESULT
Disposed Of
CASE NUMBER
Original Petition (FC).83 Of 2024
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Judgment

5 paragraphs · 258 words

C.Pratheep Kumar, J.

1.

This is a petition filed by the father of a six year old daughter who is the petitioner in OP (G&W) 1085/2023 pending before the Family Court, Ernakulam, for a direction to dispose of Ext.P4 application filed before the Family court for interim custody of the child, expeditiously.

2.

The petitioner filed the above OP under Section 7 of the Guardian and Wards Act, 1890 for permanent custody of the minor child. He is employed in Angola, Africa and now he returned home and filed Ext.P4 I.A.12/2024 for getting interim custody of the child. As per Ext.P2 order, the Family Court has already granted overnight custody of the child on every Saturday. Since he has to return back to his place of work, a direction is to be given to the Family Court, Ernakulam to dispose of Ext.P4 application at the earliest.

3.

We have heard the learned counsel appearing for both sides. The respondent/wife has no objection in giving a direction to the Family Court, Ernakulam to dispose of Ext.P4 application in a time bound manner. Considering the entire facts, we hold that it is only just and proper to direct the Family Court, Ernakulam, to dispose of Ext.P4 application within a period of one week from the date of receipt of a copy of this judgment.

4.

In the result, this OP is disposed of directing the Family Court, Ernakulam to dispose of Ext.P4 application within a period of one week from the date of receipt of a copy of this judgment.