REMA P. ARJUNAN Vs. SUDARSAN ROSH

JUDGEMENT

(1.) 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:

(2.) 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.

(3.) 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.