The High Court dismissed a writ petition challenging a Family Court order granting temporary custody of children. The Court held that no jurisdictional error occurred in granting custody and noted the petitioner could seek maintenance separately.
The original petition was dismissed against the order dated 30-01-2012.
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 K.M.JOSEPH
&
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
MONDAY, THE 30TH DAY OF JANUARY 2012/10TH MAGHA 1933
OPFC.No. 293 of 2012 (R)
IA 992/2011 IN OP.830/2011 of FAMILY COURT, KANNUR
PETITIONER(S):
T.RAJINI, 39 YEARS, D/O.VIJAYAN, THAVARA HOUSE, VENGAD P.O. VIA.ANJARAKANDI, KANNUR DISTRICT.
BY ADVS.SRI.SUNIL NAIR PALAKKAT
SRI.K.N.ABHILASH SMT.R.LEELA SMT.N.K.SHEEBA
RESPONDENT(S):
K.PURUSHOTHAMAN S/O.CHANDHU, 48 YEARS, BUS CONDUCTOR, KUTTIAN HOUSE MAYYIL (PO), MAYYIL, KANNUR DISTRICT-670142.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 30-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OPFC NO.293 OF 2012:
PETITIONER'S EXHIBITS:
EXT.P1. TRUE COPY OF THE ORDER DATED 22.12.2011 IN IA NO.992/2011 IN OP NO.830/2011 BEFORE THE FAMILY COURT, KANNUR.
K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
O.P.(FC) No.293 of 2012-R
Dated, this the 30th day of January, 2012
J U D G M E N T
K.M.Joseph, J.
In this original petition filed under Article 227 of the Constitution petitioner challenges Ext.P1 order. Ext.P1 is the order in I.A.No.992/2011 in OP.No.830/2011. OP No.830/2011 is filed by the husband of the petitioner for custody of the children. By the impugned order, the Court has made arrangement for temporary custody of the children. We notice clause 'e' of the order which reads as under:
“(e). It is also made clear that for any reason if the aforesaid visitation is not workable due to the attitude of any of the parties or the children the respective parties are free to bring that matter before this court.”
filed under Article 227. The Court has power to grant temporary custody. We do not see any illegality or jurisdictional error committed by the Court in passing orders providing for temporary custody.
OPFC 293/2012 -2-
(K.M.JOSEPH) JUDGE.
(M.L.JOSEPH FRANCIS) JUDGE.
MS
3 issues framed by the court
Whether there was any illegality or jurisdictional error in the Family Court's order granting temporary custody of the children.
Whether the lack of an interim maintenance order for the children in the impugned order warrants interference under Article 227.
Whether the duration of the temporary custody granted in the impugned order was excessive or unlawful.
1 provisions across 1 enactments
T.RAJINI
K.PURUSHOTHAMAN
K.M.Joseph
M.L.Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
