SMITHA P.K. Vs. SIVAN P.N.

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel appearing for the respondent.

(2.) IN this O.P., the challenge is against Ext.P7, an order passed by the Family Court, Ernakulam in I.A. No.1775/2013 in O.P.No.897/2013. O.P. was filed by the petitioner wife against the respondent, husband seeking custody of the two minor children aged 8 and 11. That O.P. is pending consideration of the Family Court, Ernakulam. In the O.P., the petitioner wife filed I.A.No.1578/2013, a copy of which is produced as Ext.P2, seeking interim custody of the children. In that I.A., the respondent husband has filed Ext.P3 counter affidavit.

(3.) IT is the case of the petitioner, mother, that until she was driven out of the matrimonial home on 5.5.2013, she was living with the children and that the children are very much attached to her. She says that her life without the children is miserable and the allegation that she eloped with her paramour is factually incorrect one. She therefore, says that in that circumstance, it is essential that the Family Court should advance the hearing of I.A.No.1578/2013 filed by her. Although before this Court also, the respondent has raised objections to the prayer made, considering the peculiar nature of the facts, which are highlighted by both sides, we are inclined to think that the Family Court should have advanced hearing of I.A.No.1578/2013.