RADHYA MERI PRIYADARSHINI Vs. K.A.JOHN SIMIL

JUDGEMENT

(1.) The original petition has been filed seeking the following relief:

(2.) The petitioner submits that though the application was filed, no steps have been taken by the Family Court for an early disposal. In Exhibit P4, E.P.No.176 of 2016, the petitioner had sought for handing over the custody of her minor girl Amalya Mary John during the last five days of Onam, Christmas vacations and also during the entire month of April as well as during Pooja holidays etc. It is apparent from the pleadings itself that the execution petition was filed only on 20.12.2016. In other words, sufficient time was not given for the Family Court to pass appropriate orders.

(3.) Counter affidavit has been filed by the respondent inter alia contending that in an earlier instance, when custody was granted to the petitioner, the respondent had filed an original petition before this Court and the matter remains stayed in O.P(F.C).No.189 of 2016. That apart, a similar application had been dismissed and custody of the child was sought for during Onam holidays.