Seena v. Jose
Case brief
What is this about?
High Court declined to interfere under Article 227 with Family Court order awarding interim overnight custody to respondent father, finding no illegality or perversity, and directed prompt disposal of the main petition.
What did the court decide?
Direction to Family Court to dispose of pending petition within two months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH MONDAY, THE 15TH DAY OF OCTOBER 2012/23RD ASWINA 1934 OP (FC).No. 3276 of 2012 (R) ---------------------------I.A.NO.1981/2012 IN GOP.84/2012 of FAMILY COURT, IRINJALAKUDA
PETITIONER(S):
- SEENA, AGED 34 YEARS
- DAUGHTER OF P.J.JOY, RESIDING AT PALLIPAT HOUSE
- SOUTH BAAR, IRINJALAKUDA DESOM
- MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK.
- EMIRIN, AGED 13 YEARS
- DAUGHTER OF KALLAPARAMBIL JOSE AND SEENA
- RESIDING ALONG WITH THE PETITIONER AT PALLIPAT HOUSE
- SOUTH BAAR, IRINJALAKUDA DESOM
- MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK
Issues for consideration
3 issues framed by the court
Whether the Family Court order granting interim custody to the respondent father deserves interference under Article 227 of the Constitution.
Whether the Family Court act exceeded its jurisdiction in ordering overnight custody despite the mother's claim of the father's drinking habit.
Whether the High Court should direct the Family Court to dispose of the pending petition expeditiously.
Parties & counsel
- petitioner
SEENA
- respondent
JOSE
Coram
PIUS C. KURIAKOSE
Case details
As recorded by the court registry
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