JEEVA SANTHOSH Vs. NOMY JOPPAN

JUDGEMENT

(1.) The only relief sought for in this Original Petition, which is filed under Article 227 of the Constitution of India, is to direct the Family Court, Kottarakkara to dispose of I.A.No.2176/2018 in O.P. (G&W)No.1072/2018, expeditiously, within a time limit to be stipulated by this Court. In view of the relief proposed through this judgment, we do not think it necessary to issue notice to the respondent. Therefore the above Original Petition is disposed of at the stage of its admission itself.

(2.) The petitioner herein is the petitioner before the Family Court in O.P. (G&W)No.1072/2018 filed against the respondent herein, seeking declaration of the guardianship and custody of the minor daughter of the parties, Ms.Bethsheba Meriam Nomy. The petitioner filed I.A.No.2176/2018 in the said case seeking permission to take the minor child to Australia for educational purposes, where the petitioner is at present employed. Inter alia, the petitioner seeks direction to the respondent to hand over the Passport of the minor girl. It is stated that, the petitioner, who is now working in Australia has came down to India on two occasions in order to complete the formalities with respect to the Visa of the minor child for taking her to Australia. The grievance expressed is that, the respondent is not co-operating with an expeditious disposal of the interim application before the Family Court and is trying to protract the matter. Therefore the petitioner seeks the reliefs as mentioned above in this Original Petition.

(3.) When the above case came up for admission on 31.10.2018, this Court directed the Registry to call for a report from the Family Court, Kottarakkara with respect to the present stage of I.A.No.2176/2018. It was requested to indicate the maximum time required for disposal of the said interim application.