Partly allowed

E. Anil Kumar v. Maya.P.G @ Maya Anil Kumar

Kerala HC26 Jul 2021OP (FC)/365/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an objection regarding an interim order denying the petitioner contact with a child. It directed the Family Court to address the plea to vacate the order within two weeks, noting remedies existed within the lower court.

What did the court decide?

Direction to Family Court to pass suitable orders on the application to vacate the interim order within two weeks. Main petition disposed of.

E. Anil Kumar Vs Maya.P.G @ Maya Anil Kumar — Matrimonial and Divorce | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

¶5

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 26^TH DAY OF JULY 2021 / 4TH SRAVANA, 1943 OP (FC) NO. 365 OF 2021

¶6

AGAINST THE ORDER/JUDGMENT IN OPGW 215/2021 OF FAMILY COURT, THIRUVALLA, PATHANAMTHITTA

¶7

PETITIONER/S:

¶8

E.ANIL KUMAR, AGED 52 YEARS, S/O.VASUDEVAN NAMBOOTHIRI, RESIDING AT EYYAKKATTILLAM, HARISHRINAGAR, CHEVOOR P.O., THRISSUR-680027.

¶9

BY ADVS. THUSHARA JAMES M.S.AMAL DHARSAN

¶10

RESPONDENT/S:

¶11

MAYA.P.G @ MAYA ANIL KUMAR, AGED 43 YEARS, W/O.ANIL KUMAR, MANIMANDIRAM, AZHIYIDATHUCHIRA P.O., KAVUMBAGHOM VILLAGE, THIRUVALLA-689113.

¶12

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 26.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

OP (FC) No.365/2021 2

¶14

JUDGMENT

¶15

A.Muhamed Mustaque, J.

¶16

The petitioner is the first respondent in O.P.(G&W) No.215/2021 on the file of the Family Court, Thiruvalla. An ex parte interim order has been passed in the matter. The short interim order reads as follows:

¶17

“Heard petitioner's counsel. I am satisfied from the affidavit filed by the petitioner that she has made out a prima facie case. The facts of the case shows that if notice is ordered the delay caused by that would defeat the purpose of this I.A. Hence temporary injunction as prayed for is granted until further orders. Comply proviso to Rule 3 of Order 39 CPC. Issue notice. Return of notice 03.05.2021.”

¶18

The petitioner submits that he has been denied the right to contact the child on account of the interim order. It is submitted that there is no denial of the petitioner's right to contact the child in the impugned order.

¶19

OP (FC) No.365/2021 3

¶20

The petitioner has a remedy for moving the Family Court to modify, vary or clarify the interim order already passed in the matter before the Family Court.

¶21

The petitioner appears to have already raised an objection. Ext.P4 is the objection. Ext.P5 is the petition to vacate the interim order.

¶22

Having considered the pendency of the above, we direct the Family Court to pass appropriate orders on the application to vacate the interim order within a period of two weeks.

¶23

The original petition is disposed of as above.

¶24

Sd/-

¶25

A.MUHAMED MUSTAQUE, JUDGE Sd/-

¶26

DR. KAUSER EDAPPAGATH, JUDGE

¶27

¶28

OP (FC) No.365/2021 4

¶29

APPENDIX

¶30

PETITIONER'S EXHIBITS:

¶31

EXHIBIT P1 TRUE COPY OF THE ORIGINAL PETITION O.P. (G&W) NO.215/2021 BEFORE THE HON'BLE FAMILY COURT, THIRUVALLA. EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR TEMPORARY INJUNCTION I.A.NO.1/2021 IN O.P.(G&W) NO.215/2021.

¶32

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 05.04.2021 IN I.A.NO.1/2021 IN O.P.(G&W) NO.215/2021. EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 23.06.2021 FILED BY THE PETITIONER BEFORE THE HON'BLE FAMILY COURT, THIRUVALLA. EXHIBIT P5 TRUE COPY OF THE APPLICATION I.A.2/2021 IN O.P.(G&W) NO.215/2021 BEFORE THE HON'BLE FAMILY COURT, THIRUVALLA.

¶33

EXHIBIT P6 TRUE COPY OF THE ORIGINAL APPLICATION O.P. (G&W) NO.277/2021/2021 BEFORE THE HON'BLE FAMILY COURT, THIRUVALLA.

E. Anil Kumar v. Maya.P.G @ Maya Anil Kumar

Case brief

What is this about?

What did the court decide?

E. Anil Kumar v. Maya.P.G @ Maya Anil Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Lijith P. Kurian, Vs Rincy Marium Raju

Uma G.Nair, Vs Vinaya Babu

Praveen A.R. Vs Remya

Jerry M.R. Paul Vs Jacqueline Benedict

Fathima Afreen S., Vs Firoz V.M.

Bineesh Vs Krishnapriya