The High Court directed the Family Court to dispose of a petitioner's application for interim custody of a two-year-old minor within one month, prioritizing the father's watch over the child currently held by maternal grandparents.
Directed the Family Court to dispose of the interim custody application within one month from 22.10.2018.
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 C.K.ABDUL REHIM &
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
FRIDAY, THE 05TH DAY OF OCTOBER 2018/13TH ASWINA, 1940
OP (FC).No. 522 of 2018
AGAINST THE ORDER/JUDGMENT IN OP(G&W) 1082/2018 of FAMILY COURT, KOTTAYAM
PETITIONER:
KANNAN M.K. AGED 31 YEARS S/O KRISHNANA NAIR, RESIDING AT MUNDARATH HOUSE, KURICHI P.O, KURICHI VILLAGE, CHANGANASSERY TALUK, KOTTAYAM DISTRICT.
BY ADVS. K. SHAJ SRI.RENJIT GEORGE
RESPONDENTS:
1 P.G. UNNIKRISHNAN NAIR AGED 56 YEARS RESIDING AT MANUNIVAS HOUSE, VEROOR P.O, CHETTHIPPUZHA VILLAGE, CHANGANASSERY TALUK, KOTTAYM DISTRICT -686104
2 BEENA UNNIKRISHNAN @ BEENA DEVI AGED 50 YEARS W/O.P.G.UNNIKRISHNAN NAIR, RESIDING AT MANUNIVAS HOUSE, VEROOR P.O., CHETTHIPPUZHA VILLAGE, CHENGANASSERY TALUK, KOTTAYAM DISTRICT - 686 104.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 05.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O.P.(FC) 522/2018
-:2:-
C.K. ABDUL REHIM & R. NARAYANA PISHARADI, JJ.
-----------------------------------------------------
O.P.(FC) No. 522 OF 2018 R
-------------------------------------------------------
Dated this the 5th day of October, 2018
J U D G M E N T
Narayana Pisharadi, J.
The petitioner is the father of a male child aged two years.
The respondents are the maternal grandparents of the child.
O.P.(FC) 522/2018
-:3:-
seeks an early disposal of the application filed by him for getting
interim custody of the child. His grievance is that the Family Court has posted the case to 22.10.2018, along with the application for granting interim custody of the child.
learned counsel is only that the application filed by the petitioner before the Family Court for granting interim custody of the child may be directed to be disposed of at an early date.
aged only two years is now in the custody of the maternal grandparents of the child. The petitioner, being the father of the
child, would be anxious to have the company of the child. Considering these circumstances, we find it appropriate to give
O.P.(FC) 522/2018
-:4:-
a direction to the Family Court to dispose of the application I.A.No.1837/2018 at the earliest.
The Original Petition is disposed of as above.
Sd/- C.K. ABDUL REHIM, JUDGE .
Sd/- R. NARAYANA PISHARADI, JUDGE .
ul/-
[True copy]
P.S. to Judge.
O.P.(FC) 522/2018
-:5:-
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE PETITION IN O.P.(G &W) NO.1082/2018 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KOTTAYAM.
EXHIBIT P2 THE TRUE COPY OF INTERLOCUTORY APPLICATION NO.1837/2018 FOR INTERIM CUSTODY FILED BY THE PETITIONER IN O.P. (G & W) NO.1082/2018, BEFORE THE FAMILY COURT, KOTTAYAM.
1 issue framed by the court
Whether the Family Court application for interim custody of a two-year-old minor should be disposed of expeditiously.
Kannan M.K.
P.G. Unnikrishnan Nair
Beena Unnikrishnan
C.K. Abdul Rehim
R. Narayana Pisharadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
