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Judgment
M.R. Anitha, J
This O.P.(F.C.) has been filed in I.A.No.5348/2020 in O.P.(G&W) No.2211/2020 on the file of the Family Court, Ernakulam. Petitioner is the
grandmother of the minor twin children aged 4 years.
The petitioner's daughter married the respondent on 10.11.2012. The daughter of the petitioner is no more. Though she died after six years of
marriage, the daughter of the petitioner and the respondent lived together only around four years. Presently, the respondent had remarried a north-
Indian divorced lady having a daughter aged about 13 years. Some other allegations regarding the monetary transaction of the respondent with respect
to availment of the loan for the construction of the house etc. are averred in the petition. Since all those averments are extraneous for the disposal of
this petition, we are not referring to those matters.
I.A.No.5348/2020 has been filed seeking for interim custody of the minor children. At the time of argument, the learned counsel for the petitioner
submitted that a baptism ceremony is going to be conducted in their house and on that occasion the presence of the minor children are very much
necessary. All the family members will have an opportunity to see the children. It is further submitted by the learned counsel that none of the petitions
are taken up for hearing before the Family Court and hence ends of justice demands that an interim order granting at least a short term custody of the
minors to be given to the petitioner.
On perusing Ext.P1, which is the copy of I.A.No.5348/2020, filed by the petitioner in O.P.(G&W)No. 2211/2020 it could be seen that, it has been
filed on 01.01.2021 and this O.P. has been filed before this Court on 06.01.2021 itself. So we do not find any bonafides in the submission of the
learned counsel that Family Court is not taking up petitions for hearing. Hence we don't find any justifiable reason to entertain this original petition by
this court. It is open for the petitioner to approach the Family Court for the appropriate relief if any. Original petition is disposed accordingly.
