RAJESH KUMAR V S/O BALAKRISHNAN Vs. SHIJI D/O SREEDHARAN SOUPARNIKA NILA NAGAR EDATHARA PALAKKAD DISTRICT

JUDGEMENT

(1.) THE petitioner herein is the respondent in O.P.No.434/2011 on the file of Family Court, Palakkad. THE petition is one filed under Sections, 7, 9 and 10 of the Guardian and Wards Act, 1890 for getting custody of the minor children, namely, Rashika Raj and Rajisha Raj. Exhibit P1 is the copy of O.P.No.434/2011.

(2.) THE contention raised by the petitioner is that the petitioner and the minor children are permanently residing at Malappuram within the jurisdictional limits of Family Court, Malappuram. After appearing before the Family Court, Palakkad, the petitioner filed Exhibit P2, namely I.A.No.3454/2011 challenging the maintainability of the petition, in view of Section 9 of Guardian and Wards Act. It is the case of the petitioner that even though the said petition was filed as early as on 28.12.2011, no orders are being passed on the same. THE further complaint is that the application for interim custody, namely I.A.No.1409/2011 filed by the respondent is being heard by the Family Court, without deciding the question of maintainability.

(3.) AS far as the question of want of jurisdiction is concerned, the matter can be considered on the basis of the pleas raised by the parties and since I.A.No.3454/11 is already posted to 18.4.2012, we direct the Family Court to dispose of Exhibit P2 I.A. and pass appropriate orders within a period of two weeks. If the court finds that the Court is having jurisdiction in the matter, the Court will proceed to hear I.A.No.1409/2011 for interim custody of the children. The Original Petition is disposed of as above. The Registry will communicate this judgment to the Family Court, Palakkad today itself.