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Jismy Vs Shiju Antony — Child Custody and Guardianship | Kerala HC (2013)

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Kerala HC
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Jismy Vs Shiju AntonyJismy v. Shiju Antony

Dismissed

Jismy v. Shiju Antony

Kerala HC14 Feb 2013OP (FC)/595/2013

Case brief

AI extract

What is this about?

In an original petition challenging a Family Court custody order, the High Court of Kerala dismissed the petition as infructuous.

What did the court decide?

The original petition was dismissed without examining the merits of the grounds.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE P.D.RAJAN

THURSDAY, THE 14TH DAY OF FEBRUARY 2013/25TH MAGHA 1934

OP (FC).No. 595 of 2013 (R)

PETITIONER(S):

JISMY AGED 26 YEARS D/O. THERATTIL KALAPURA JOSE, VENDOOR DESOM AMBALLUR VILLAGE, MUKUNDAPURAM TALUK THRISSUR DISTRICT.

BY ADVS.SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN

RESPONDENT(S):

SHIJU ANTONY

S/O. CHERUVALKARAN ANTONY, PALLIKUNNU DESOM VARANDARAPILLY VILLAGE, VARANDARAPPILLY.P.O. MUKUNDAPURAM TALUK-680303.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the challenge against Ext.P2 order remains viable given expired compliance dates.

Parties & counsel

AI extract

petitioner
JISMY
respondent
SHIJU ANTONY

Coram

AI extract

PIUS C KURIAKOSE

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 14 Feb 2013 · February
Registered: 12 Feb 2013
Case no.: OP (FC)/595/2013

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Cite this judgement

Jismy v. Shiju Antony, OP (FC)/595/2013 (KL), decided on 14 February 2013.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

PIUS C KURIAKOSE and P D RAJAN

Parties & counsel

Outcome

The original petition was dismissed without examining the merits of the grounds.

Issue for consideration

Whether the challenge against Ext.P2 order remains viable given expired compliance dates.

Detailed headnote1 paragraphs

There is no point in challenging an impugned order where its specific implementation is no longer within possibility because the expiry dates for compliance have passed. The Court dismissed the petition without examining the merits of the grounds.

A compact analysis

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.

BY SRI.RAJESH CHAKYAT

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 14-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

tss

O.P.(F.C.) NO.505/2013

APPENDIX

PETITIONER(S) EXHIBITS

EXT.P1:- COPY OF THE INTERLOCUTORY APPLICATION FILED BY THE RESPONDENT HEREIN AS IA NO. 85/13 IN GO(P) NO. 21-12 DATED 18-1-13 ON THE FILE OF THE FAMILY COURT, IRINJALAKUDA.

EXT.P2:- COPY OF THE ORDER PASSED IN IA NO.28 OF 2013 IN GO (P) NO. 21/12 DATED 30-1-13 ON THE FILE OF THE FAMILY COURT, IRINJALAKUDA.

RESPONDENTS' EXHIBITS

NIL

//TRUE COPY//

P.A. TO JUDGE

tss

PIUS C. KURIAKOSE & P. D. RAJAN, JJ.

O. P. (FC) No.595 of 2013

Dated this the 14^th day of February, 2013

JUDGMENT

Pius C. Kuriakose, J

Under challenge in this Original Petition filed by the petitioner who is the wife of the respondent is Ext.P2 order. At the very outset it is pointed out by Adv. Rajesh Chakyat appearing for the respondent that the challenge against Ext.P2 has completely become infructuous. In this connection, he drew our attention to the operative portion of Ext.P2 which says that the petitioner is directed to hand over the custody of his elder child from 3.00 p.m on 01/02/13 to 10.00 a.m on 04/02/13 and is further directed to hand over the custody of his younger child from 10.00 a.m. on 02/12/13 to 5.00 p.m on 03/02/13. Specific implementation of the impugned order is now out of question as the dates for compliance with the order have already expired. If the

O. P. (FC) No.595 of 2013 -2-

learned Family Court has passed orders in follow up to Ext.P2, the petitioner may have to challenge those orders. We dismiss the OP without examining the merits of the grounds.

Sd/PIUS C. KURIAKOSE JUDGE

Sd/P. D. RAJAN JUDGE

kns/-

//TRUE COPY//

P.A. TO JUDGE

P D RAJAN

CNR

KLHC010347882013

Topic

Child Custody and Guardianship

Bench

P.d.rajan Pius C.kuriakose

Disposal

DISMISSED

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