Rema P. Arjunan vs Sudarsan Rosh

V.K. Mohanan, J.—The mother of the ward, namely Sushanth Rosh, aged 14 years, preferred this Original Petition under Article 227 of the Constitution of India with the following prayers:

i. To direct the Family Court, Thiruvananthapuram to consider Exhibit P2 application filed by the petitioner as I.A. 2032/2013 in O.P. (G & W) No. 1382/2013 in accordance with law immediately and pass final orders thereon

ii. To direct the Family Court, Thiruvananthapuram to expedite the disposal of O.P. (G & W) 1382/2013 (Exhibit P1) pending on its file.

iii. To grant such other relief as this Honourable Court may deem fit in the facts and circumstances of the case.

According to the petitioner, the relationship between the petitioner and her husband was not cordial and in connection with that O.P.(HMA) No. 679/2001 for divorce was filed before the Family Court and later the same was closed. In connection with the above matrimonial dispute an M.C. No. 96/2003, for maintenance of the child was filed, which was also disposed of on 30.04.2004. For the custody of the child, the respondent herein filed O.P. No. 686/2008 before the Family Court, Thiruvananthapuram, but the same was disposed of on 5.11.2011. Thereafter, the petitioner preferred O.P.(G & W) No. 1382/2013 under section 7 of Guardian and Wards Act and section 7 of Family Court Act, as early as on 5.9.2013. It is the further case of the petitioner that during the pendency of the above main petition, she preferred Ext. P2 application for interim custody of her child. But the court below, as per Ext. P3 order, granted interim custody only during onam holidays. Hence, the above original petition is filed, dissatisfied with Ext. P3 order and for the aforesaid reliefs.

We heard Adv. D. Kishore, learned counsel appearing for the petitioner and Adv. G.P. Shinod, learned counsel appearing for the respondent.

During the hearing of the above Original Petition, the counsel appearing for the petitioner submitted that this Original Petition may be disposed of directing the Court below to take up Ext. P2 petition and pass appropriate orders with respect to the interim custody of the child till the disposal of the above petition.

Learned counsel for the respondent, while resisting the above petition, submitted that the prayer of the petitioner was once considered by the trial Court and passed Ext. P3 Order and therefore no further orders are necessary.

Having regard to the facts and circumstances involved in this case, it can be seen that Ext. P1 petition was filed on 5.9.2013 and though Ext. P2 application was filed, order with respect to the interim custody of the child confined only during onam holidays. We are of the view that the learned Judge, instead of confining the order for a particular period alone, ought to have passed an order with respect to the interim custody of the child till the disposal of the main matter. Therefore, we are inclined to dispose of this Original Petition directing the court below to take up Ext. P2 petition and to pass an order regarding the interim arrangement with respect to the custody of the ward of the petitioner till the disposal of Ext. P1 main matter.

In the result, this Original Petition is disposed of directing the Family Court, Thiruvananthapuram, to take up Ext. P2 petition and pass appropriate orders, regarding the interim arrangement with respect to the custody of the ward of the petitioner as well as the respondent, till the disposal of the main matter, within a period of 45 days from the date of producing a copy of this Order.