In an appeal against an order where the Family Court held it lacked territorial jurisdiction to decide on a minor child's guardianship, the High Court dismissed the appeal, agreeing with the lower court's finding on jurisdiction.
The appeal was dismissed; the order of the Family Court regarding lack of jurisdiction was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN
TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933
Mat.Appeal.No. 53 of 2010()
IA NO. 5290/09 IN OP.1837/2009 OF FAMILY COURT, ERNAKULAM
APPELLANT / RESPONDENT IN IA NO. 5290/09 AND PETITIONER
------------------------------------------------------------------------------------------IN O.P. NO. 1837/09 :
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SEMIM.M.A., S/O. ABDUL RAHIMAN, AGED 39 YEARS, RESIDING AT MOOKADA HOUSE, MUDICAL.P.O., PERUMBAVOOR, ERNAKULAM DISTRICT.
BY ADVS. SMT.H.SUBHALEKSHMI
SMT.BABY NANDHINI SRI.S.SREEDEV
RESPONDENT / PETITIONER IN IA NO. 5290/09 AND RESPONDENT
------------------------------------------------------------------------------------------IN O.P. NO. 1837/09 : ----------------------------
P.V.RANJINI, W/O. SEMIM.M.A., D/O.M.RUDRA WARRIAR, RESIDING AT KAIVALYAM, ONGALLOOR, PATTAMBI, PALAKKADU DISTRICT.
BY ADVS. SRI.THIYYANNOOR RAMAKRISHNAN SRI.ARUN KUMAR P. SMT.AMBIKA RADHAKRISHNAN
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
Thottathil B.Radhakrishnan
&
N.K.Balakrishnan, JJ.
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Mat.Appeal No.53 of 2010-F
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Dated this the 19th day of July, 2011.
Judgment
Thottathil B.Radhakrishnan, J.
None appears for the appellant. We have looked into the papers. The impugned order is one whereby the Family Court at Ernakulam held that it has no territorial jurisdiction to consider the question of guardianship of the minor child who, going by the materials before that Court, was along with its mother, in Palakkad. Going through the papers, we do not find any ground to hold that the said order of the Family Court is erroneous in law or on facts. The appeal fails. The same is accordingly dismissed.
Thottathil B.Radhakrishnan,
Judge.
N.K.Balakrishnan, Judge.
Sha/2607
1 issue framed by the court
Whether the Family Court at Ernakulam was without territorial jurisdiction to decide on the guardianship of a minor child residing with the mother in Palakkad.
Semim.M.A.
P.V.Ranjini
Thottathil B.Radhakrishnan
N.K.Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
