Mohanan, J.
The petitioner herein preferred O.P.(G&W) No.888/13 before the Family Court, Ettumanoor to declare herself as the guardian of her minor daughter, namely Aneesha Anna Vinod. During the pendency of the above writ petition in the trial court, the petitioner herein had preferred I.A. No.2042/14 before the said court for interim custody of the said child. The grievance now projected by the petitioner in this original petition is that though she had approached the court below for interim custody of the child, no such custody is granted and the interlocutory application is not considered properly and no order is passed thereon.
2. We heard the learned counsel for the petitioner and the learned counsel appearing for the respondent. In pursuance to our order dated 12/12/2014 the ward is produced before us and we have interacted with the girl, who is aged 9 years and studying at 4th standard.
O.P(FC).546/14-R :2:
3. Having regard to the facts and circumstances of the case, we are of the view that, instead of passing any order as prayed for, the Family Court can be directed to consider I.A. No. 2042/14 pending in that court and to consider the request of the petitioner for interim custody on merit and to pass appropriate orders.
4. In the result, this original petition is disposed of directing the Family Court, Kottayam at Ettumanoor to take up I.A. No.2042/14 and, after hearing the parties to the above I.A., dispose the same on merit within a period of 45 days from the date of producing the certified copy of this judgment.
This original petition is disposed of as above.
Sd/-
(V.K.MOHANAN, JUDGE)
Sd/-
(K.HARILAL, JUDGE)
okb.
//True copy// P.A. to Judge