Dismissed

Vidhyadharan v. Manjusha

Kerala HC9 Jul 2021OP (FC)/278/2021

Case brief

AI extract

What is this about?

In an original petition seeking interim custody of a minor ward, the Kerala High Court dismissed the application. The bench held that an existing interim order, explicit in remaining effective until the disposal of the family court petition, must be strictly followed unless modified by that court.

What did the court decide?

Application seeking interim custody of the minor ward was disposed of; parties directed to follow the earlier custody order until modification.

Vidhyadharan Vs Manjusha — 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 FRIDAY, THE 9^TH DAY OF JULY 2021 / 18TH ASHADHA, 1943 OP (FC) NO. 278 OF 2021

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AGAINST THE ORDER/JUDGMENT IN OP(GW)NO.115/2020 OF FAMILY COURT, CHAVARA, KOLLAM

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PETITIONER/S:

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VIDHYADHARAN, AGED 45 YEARS, S/O.DIVAKARAN, CHEMPANIKUNNEL VEEDU, AMBALLOOR P. O., MULAMTHURUTHI, ERNAKULAM DISTRICT.

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BY ADV B.MOHANLAL

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RESPONDENT/S:

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MANJUSHA, AGED 41 YEARS, D/O. RAJAN, MANJUSHA BHAVAN, KANIYAMKUNNU KARA, KADUNGALLOOR VILLAGE, U. C. COLLEGE P. O., ALUVA, ERNAKULAM - 683 102.

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BY ADVS. SRI.K.K.NASSEER (ALUVA) SRI.K.S.ANEESH SHRI. SUDHEER K.K.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 09.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (FC) NO.278/2021 2

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JUDGMENT

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A.Muhamed Mustaque, J .

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This original petition has been filed seeking the following reliefs:

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“i. To direct the respondent to grant interim custody of the minor ward Pranav, aged 12 years to the petitioner from 23.04.2021 till reopening of the School after midsummer vacation 2021 as per the provisions of the Hindu Minority and Guardianship Act 1956 and Guardian and Wards Act 1890.

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ii.To declare that in view of the tender age of the minor ward Pranav, aged 12 years, the petitioner is entitled to get interim custody of the minor ward from 23.04.2021 till reopening of the School after midsummer vacation 2021 as per the provisions of the Hindu Minority and Guardianship Act 1956 and Guardian and Wards Act 1890.”

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In fact, the earlier round of litigation between the same parties in regard to the interim custody, we passed the following order:

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“Taking note of the age of the child and overall circumstances, we are of the view that the impugned order has to be modified giving interim custody of the child to the petitioner on every Friday evening 4 p.m. till the ensuing Saturday 4 p.m. except the second Saturday of every month.

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OP (FC) NO.278/2021 3

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Taking note of the fact that the respondent is residing near Aluva, the child shall be handed over to the petitioner in the premises of the Judicial First Class Magistrate Court-II, Aluva and be returned to the same premises.

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This order will be in force till the disposal of O.P.(G&W) No.115/2020 on the file of the Family Court, Chavara.”

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That order itself indicates that the order will be in force till the original petition is disposed of before the Family Court, Chavara. Unless and until that order is modified, the petitioner cannot seek variance through the original petition. The parties shall strictly follow the earlier order passed in the matter.

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With the above observations, the original petition is disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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Sd/-

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DR. KAUSER EDAPPAGATH

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JUDGE

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OP (FC) NO.278/2021 4

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APPENDIX

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PETITIONER'S ANNEXURE:

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EXHIBIT	P1 THE TRUE COPY OF THE PLAINT IN O.P.(GW) NO.115/2020 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, CHAVARA.
EXHIBIT	P2 THE TRUE COPY OF OBJECTION DATED 20.08.2020 IN O.P.(GW) NO.115/2020 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, CHAVARA.
EXHIBIT	P3 THE TRUE COPY OF THE AD-INTERIM ORDER IN C.M.P.NO.1696/2019 IN M.C.NO.41/2019 DATED 26.10.2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, ALUVA.
EXHIBIT	P4 THE TRUE COPY OF THE ORDER DATED 17.12.2019 IN C.M.P.NO.1696/2019 IN M.C.NO.41/2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, ALUVA.
EXHIBIT	P5 THE TRUE COPY OF THE ORDER DATED 07.03.2020 IN C.M.P.NO.604/2020 IN M.C.NO.41/2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, ALUVA.
EXHIBIT	P6 THE TRUE COPY OF THE REPLY DATED 26.08.2020 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, CHAVARA.
EXHIBIT	P7 THE TRUE COPY OF THE JUDGMENT 27.08.2020 I.A.NO.02/2020 IN O.P.(GW) NO.115/2020 ON THE FILE OF THE FAMILY COURT, CHAVARA.
EXHIBIT	P8 THE TRUE COPY OF THE JUDGMENT DATED 28.01.2021 IN O.P.(FC) NO.342/2020 OF THIS HON'BLE COURT.
EXHIBIT	P9 THE TRUE COPY OF THE ORDER DATED 12.02.2021 IN CONTEMPT CASE (C) NO.261/2021 OF THIS HON'BLE COURT.

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OP (FC) NO.278/2021 5

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RESPONDENT'S EXHIBITS:

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EXHIBIT R1	TRUE COPY OF THE MEDICAL CERTIFICATE DATED 11.04.2021 ISSUED BY DR.N.JAYACHANDRAN OF KARAOTHUKUZHY HOSPITAL PVT.LTD., ALUVA.
EXHIBIT R2	TRUE COPY OF THE MINOR'S PHOTOGRAPHS.
EXHIBIT R3	TRUE COPY OF THE PETITIONER'S HOSPITAL REGISTRATION CARD DATED 01.02.2016.
EXHIBIT R4	THE COPY OF THE DOCTOR'S PRESCRIPTIOIN DATED 07.12.2016, 22.12.2016, 12.01.2017, 11.02.2017, 10.06.2017, 24.02.2018.
EXHIBIT R5	THE TRUE COPY OF THE PETITION IN MC NO.41/2019.
EXHIBIT R6	TRUE COPY OF THE FIR NO.218/2020 DATED 14.03.2020 OF MULANTHURUTHY POLICE STATION.
EXHIBIT R7	TRUE COPY OF THE E-MAIL DATED 31.10.2018.
EXHIBIT R8	TRUE COPY OF THE FIR DATED 21.08.2020 IN CRIME NO.2473/2020 OF KARUNAGAPILLY POLICE STATION.

Vidhyadharan v. Manjusha

Case brief

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Vidhyadharan v. Manjusha

Case brief

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