Family Courts must timely consider applications for interim custody and not dismiss them on procedural grounds.

JUDGMENT Devan Ramachandran, J.

The petitioner challenges Ext.P4 order of the learned Family Court, Irinjalakkuda, which refused to consider her application for interim custody of her child, on the ground that GOP No.1271/2025 is likely to be disposed of within four months. 2. Hearing Smt.Kavery S. Thampi – learned counsel for the petitioner on the afore lines on 04.12.2025, we issued notice to the respondent and Smt.Sikha G. Nair entered appearance on his behalf on 08.12.2025.

3. The parties subsequently appeared before us personally on 11.12.2025 along with the child; and we interacted with them. The impressions we gathered through such is available in the order of the said day reproduced below:

Parties were before us along with the child. We interacted with them in detail. We propose not to record our opinion gathered through such because both sides sought that they be allowed an opportunity for counselling because they are yet not divorced.

We, therefore, refer the parties to counselling.

After the counselling is over today, we allow the child to be with the mother until the next posting date, when we will consider the report of the counselling and issue further orders.

List on 15/12/2025.

4. Today, it is affirmed that the child continues with the mother under our orders.

5. When we examine Ext.P4, we see that the learned Family Court has not considered the application of the petitioner on merits at all, but has gone ahead merely saying that the Original Petition itself will be decided at the earliest.

6. We are without doubt that the afore approach of the learned Family Court was not appropriate; and therefore, are of the considered view that it should consider I.A.No.1/2025 in GOP No.1271/2025, within the shortest period of time, so that the rival parties can obtain relief as per law.

In such perspective, we allow this Original Petition and set aside Ext.P4; with a consequential direction to the learned Family Court, Irinjalakkuda, to take up I.A.No.1/2025 in GOP No.1271/2025 immediately and dispose it of, after affording necessary opportunities to both sides, in terms of law, without any avoidable delay, but not later than two weeks.

For the afore purpose, we direct the parties to mark appearance before the learned Family Court at 11 A.M. on

19.12.2025.

Needless to say, until such time as the afore exercise is completed and the resultant order issued, the arrangement made through our interim orders will continue.