Dismissed

Don Paul v. Tisa Don @ Tisa Palackal Kuriakose

Kerala HC28 Sept 2021Con.Case(C)/873/2021

Case brief

AI extract

What is this about?

This is a contempt case where the respondent failed to comply with an interim custody order due to COVID-19 lockdown restrictions. The respondent filed an affidavit explaining the reasons, offered an unconditional apology, and claimed compliance was resumed.

What did the court decide?

Contempt petition dismissed; matter closed based on unconditional apology and verified compliance.

Don Paul Vs Tisa Don @ Tisa Palackal Kuriakose — Child Custody and Guardianship | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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TUESDAY, THE 28^TH DAY OF SEPTEMBER 2021 / 6TH ASWINA, 1943

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CON.CASE(C) NO. 873 OF 2021

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ARISES OUT OF ORDER DATED 8.4.2021 IN IA 2/2021 IN Mat.Appeal 216/2019 OF HIGH COURT OF KERALA, ERNAKULAM PETITIONER/PETITIONER:

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DON PAUL, AGED 38 YEARS

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S/O. LATE PAUL PAUL, THENGUMAPALLY HOUSE, MANJOOR P.O, MANJOOR VILLAGE, KOTTAYAM 686 603

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BY ADVS. ARUN MATHEW VADAKKAN GERRY DOUGLES S.

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ALLEGED CONTEMPTOR/RESPONDENT:

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TISA DON @ TISA PALACKAL KURIAKOSE AGED 32 YEARS D/O. GEORGE KURIAKOSE, PALACKAL HOUSE, BUS STAND ROAD, VAIKOM P.O, KOTTAYAM DISTRICT 686 141

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BY ADV ABRAHAM P.GEORGE

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 28.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Cont.Case (C).No.873/2021

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-:2:-

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J U D G M E N T

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Dated this the 28th day of September, 2021

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A.Muhamed Mustaque,J.

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This contempt case is filed alleging non compliance of the interim order

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dated 8.4.2021 in I.A.No.2/2021 in Mat.Appeal No.216/2019. The respondent

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has filed a detailed counter affidavit stating the reasons for non compliance. The

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matter is related to giving interim custody of the child on first and 3 rd Saturdays

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of every month from 10.00 a.m to 4.30 p.m. In the counter affidavit, it is stated

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in paragraph 11 as follows:

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“11. It is submitted that in the 3rd week of April, 2021, there was an escalation of Covid cases in the State of Kerala and the directives were issued by the government and health department regarding the strict precautions to be adopted by the public. The movement of children below 10 years and senior citizens above 65 years were restricted again. Thereafter in 2^nd week of May, 2021, due to uncontrolled spread of Covid-19 pandemic, State Government declared lockdown and restrictions were stiffened. In these circumstances, the petitioner could not comply with the order of this Hon'ble Court dated 8.4.2021 till the end of June. Now the child was been handed over to the petitioner/father on the 1^st and 3^rd Saturdays of July 2021. It is submitted that absolutely there is no willful negligence/laches on the part of the respondent/mother in the matter of alleged non-compliance of the orders passed by this Hon'ble Court other than the reasons stated above.”

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Cont.Case (C).No.873/2021

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The respondent also tendered unconditional apology for non

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compliance for the reasons set out above. It is submitted that the order is being

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complied with and the respondent will continue to obey the directions. We are

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satisfied with the reasons stated for non compliance of the order on couple of

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occasions.

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We record the affidavit and close this contempt petition.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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Sd/-

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DR. KAUSER EDAPPAGATH

JUDGE

kp True copy

P.A. To Judge

Cont.Case (C).No.873/2021

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-:4:-

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APPENDIX OF CON.CASE(C) 873/2021

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PETITIONER ANNEXURE

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Annexure A1 CERTIFIED COPY OF ORDER OF THIS HON'BLE COURT DATED 08-04-201 IN IA NO 2/2021 OF MAT. APPEAL 216/2019 Annexure A2 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT DATED 19-01-2021 IN WP(C) NO. 9721/2020 OF THIS HON'BLE COURT. Annexure A3 TRUE COPY OF ORDER DATED 27-03-2021 BY REGISTRAR OF BIRTHS AND DEATHS AT ETTUMANOOR MUNICIPALITY

Don Paul v. Tisa Don @ Tisa Palackal Kuriakose

Case brief

What is this about?

What did the court decide?

Don Paul v. Tisa Don @ Tisa Palackal Kuriakose

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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