Mohanan, J.
The petitioner is the mother of minor child namely Rishab, who was born on 14.3.2001 out of the wedlock of the petitioner with the respondent. According to the petitioner, the marriage between herself and the respondent has been dissolved by order dated 6.2.2007 as per Ext.P1 judgment of the Family court, Thiruvananthapuram. While so, the respondent herein preferred Ext.P2 petition for the custody of the said minor child and thus O.A.No.300/13 is pending before the Family court at Kozhikode. In the said proceedings, the respondent herein moved I.A.No.923/13 in O.A.No.300/13 and the learned Judge of the Family court issued Ext.P6 order giving interim custody of the child to the respondent. Now O.P.(F.C.) No.226 of 2014 2 the grievance of the petitioner is that the court below has not considered the intelligent preference of the minor child, namely Rishab who attained the age of 13 years, and has not answered the question as to who is entitled to get the custody of the minor child. Therefore, the petitioner preferred Ext.P8 petition which is pending before the court below as I.A.No.416/14 in O.A.No.300/13.
2. Heard the learned counsel for the petitioner.
3. The learned counsel for the petitioner submitted that he will be satisfied in case an order is issued directing the Family court at Kozhikode to consider I.A.No.416/14 pending before the said court. Having regard to the facts and circumstances involved in the case, we are of the view that, in view of the submission of the learned counsel, this O.P. can be disposed of directing the court below to take up I.A.No.416/14 and dispose the same in accordance with the law.
In the result, this O.P. is disposed of directing the learned Judge of the Family court, Kozhikode, to take up O.P.(F.C.) No.226 of 2014 3 I.A.No.416/14 and dispose the same after hearing all the parties concerned and pass appropriate orders as expeditiously as possible.
ami/ Sd/-
V.K.MOHANAN, Judge Sd/-
A.HARIPRASAD, Judge //True copy// P.A. to Judge