SMITHA, D/O DAMODARAN Vs. KRISHNA KUMAR M.

JUDGEMENT

(1.) This writ petition arises from a matter pending before the Family Court, Malappuram. The petitioner and the respondent have two children. They stay with the petitioner, the mother. The respondent, the father, has applied to the family court for custody and other rights in relation to the children. That matter is listed for trial in the special list on 20.9.2010.

(2.) It appears that earlier there was an interim order obliging the mother and her family members to make the children available to the custody of the father during holidays. By the passage of time, that matter has become infructuous after having stood stayed by this Court. Later, it is stated, an adjournment was granted on condition that the children will be delivered to the custody of the father.

(3.) As of now, we are of the view that the trial, which is already listed, should proceed for a decision on merits. Until then, in modification of the orders passed by the court below, it is ordered that the respondent, the father, will be permitted to visit the children in the residence of the petitioner, the wife, as suggested by the learned Counsel appearing for her, for two hours after school hours. The respondent will inform the petitioner through the counsel appearing before the court below of the intended dates of such visits. It is clarified that no direction contained in this order would stand in the way of appropriate trial and the court below will decide the matter untramelled by the directions contained in this order.