Partly allowed

Deepu. K. Thomas v. Miya Jose

Kerala HC13 Jul 2022OP (FC)/151/2020

Case brief

AI extract

What is this about?

The High Court of Kerala, Ernakulam Bench, addressed a transfer petition and connected matters regarding child custody pending in the Family Court, Pala. The Court declined a fresh transfer request, kept interim custody orders in abeyance pending final disposal, and directed the lower court to conclude all cases within three months.

What did the court decide?

Transfer petition dismissed; interim custody orders kept in abeyance; Family Court, Pala directed to dispose of all pending cases between parties within 3 months.

Deepu. K. Thomas Vs Miya Jose — Child Custody and Guardianship | Kerala HC (2022)

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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

¶4

¶5

THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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WEDNESDAY, THE 13^TH DAY OF JULY 2022 / 22ND ASHADHA, 1944 OP (FC) NO. 151 OF 2020

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I.A.No.1 OF 2020 IN OP 171/2019 OF THE FAMILY COURT, PALA

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PETITIONER/PETITIONER:

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DEEPU. K. THOMAS, AGED 39 YEARS, DR.E.K.THOMAS, ITTIYADATH HOUSE, MAALAM P.O., MANARKKAD VILLAGE, KOTTAYAM TALUK. BY ADVS. M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN

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RESPONDENT/RESPONDENT:

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MIYA JOSE, AGED 33 YEARS, D/O.JOSE, THADIKKARAN HOUSE, IDATHURITHI P.O., IDATHURITHI VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT-680 703. BY ADVS. S.ANANTHAKRISHNAN PUBLIC PROSECUTOR AMBIKA DEVI

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH Tr.P(C).383/2021,O.P.(FC) 402/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(FC)Nos.151 & 487/2020,

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402/2021 & Tr.P.(C)No.383/2021 2

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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 MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 13^TH DAY OF JULY 2022 / 22ND ASHADHA, 1944

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OP (FC) NO. 487 OF 2020

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I.A.NO.1128/2019 IN OP 171/2019 OF THE FAMILY COURT, PALA

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PETITIONER/PETITINOER:

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DEEPU.K.THOMAS, AGED 40 YEARS, S/O. ITTIYADATH DR.E.K, THOMAS, MANARKKAD VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT.

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BY ADVS.

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M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN

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RESPONDENT/RESPONDENT:

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MIYA JOSE, AGED 32 YEARS, D/O. THADIKKARAN VEETIL JOSE AND W/O, DEEPU K.THOMAS, EDATHURITHI VILLAGE, DESOM AND P.O, KODUNGALLUR TALUK, THRISSUR DISTRICT – 680703.

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BY ADVS. S.ANANTHAKRISHNAN PUBLIC PROSECUTOR AMBIKA DEVI

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON

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13.07.2022, ALONG WITH OP (FC).151/2020 AND CONNECTED CASES,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(FC)Nos.151 & 487/2020,

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402/2021 & Tr.P.(C)No.383/2021 3

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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

¶37

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THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 13^TH DAY OF JULY 2022 / 22ND ASHADHA, 1944

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TR.P(C) NO. 383 OF 2021

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TO TRANSFER GOP 171/2019, OP92/2019 AND OP102/2019 OF THE FAMILY COURT, PALA TO THE FAMILY COURT, THRISSUR

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PETITIONER:

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DEEPU K. THOMAS, AGED 40 YEARS, S/O DR.E.K.THOMAS, ITTIYADATH ANN VILLA, KUNDUKULAM ROAD, PO MANNUTHY, THRISSUR DISTRICT. BY ADVS. M.R.VENUGOPAL DHANYA P.ASHOKAN NIKITA SUHANESH

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RESPONDENT:

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MIYA JOSE, AGED 35 YEARS, D/O. THADIKKARAN VEETTIL JOSE, NO.15, UMA NAGAR, PULLIPARAMBU, KALATHODE, THRISSUR-686 655.

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BY ADV S.ANANTHAKRISHNAN

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2022, ALONG WITH OP (FC).151/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶47

OP(FC)Nos.151 & 487/2020,

¶48

402/2021 & Tr.P.(C)No.383/2021 4

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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

¶52

¶53

THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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WEDNESDAY, THE 13^TH DAY OF JULY 2022 / 22ND ASHADHA, 1944

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OP (FC) NO. 402 OF 2021

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I.A.NO.1128/2019 IN OP 171/2019 OF THE FAMILY COURT, PALA

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PETITIONER/PETITIONER IN I.A. & RESPONDENT IN OP:

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MIYA JOSE,

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AGED 37 YEARS, D/O. JOSE, THADIKARAN HOUSE, IDATHURUTHY P. O., IDATHURUTHY VILLAGE, KODUNGALLOOR TALUK, THRISSUR - 680567.

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BY ADV S.ANANTHAKRISHNAN

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RESPONDENT/RESPONDENT IN I.A. & PETITIONER IN O.P.:

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DEEPU K. THOMAS, AGED 40 YEARS, S/O. DR. E. K. THOMAS, ITTIYADATH HOUSE, MAALAM P. O., MANARCADU VILLAGE, KOTTAYAM TALUK – 686019.

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BY ADVS. M.R.VENUGOPAL DHANYA P.ASHOKAN

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON

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13.07.2022, ALONG WITH OP (FC).151/2020 AND CONNECTED CASES,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(FC)Nos.151 & 487/2020, 402/2021 & Tr.P.(C)No.383/2021 5

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JUDGMENT

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A.Muhamed Mustaque, J.

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These matters are taken up together. We shall first refer to the transfer petition filed by Deepu K. Thomas, the husband of Miya Jose. He seeks transfer of cases now pending before the Family Court, Pala to the Family Court, Thrissur.

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It is to be noted that all the cases, in respect of which transfer is sought, are already been transferred from different Family Courts to Family Court, Pala, based on a consent order passed in Transfer Petition (Civil) No.560 of 2018.

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In that view of the matter, it is not proper for the petitioner to seek transfer of those cases again from Family Court, Pala to Thrissur unless the transfer order is reviewed.

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In the result, we are not considering the request of

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transfer. Accordingly, the transfer petition fails.

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In regard to the other Original Petitions, we note that the parties are fighting for interim custody since 2019 onwards. We note strained relationship between the parties. At the distance of time, we don't want to prolong the final disposal of the cases. As it desirable to dispose of the cases finally, we are of the view that the orders in the interlocutory applications in regard to the

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OP(FC)Nos.151 & 487/2020, 402/2021 & Tr.P.(C)No.383/2021 6

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custody be kept in abeyance till final decision regarding the permanent custody by the Family Court. We are sure that the Family Court, after adverting to the best interest of the children, will pass final orders untrammelled by any observations in these cases, as well as the directions in the interlocutory applications. We also direct the Family Court to try all the cases between the parties pending before the Family Court, Pala, together and dispose the same within a period of 3 months.

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O.P. (FC)Nos.151 & 487 of 2020 and 402 of 2021 are disposed of

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and Tr.P.(C)No.383 of 2021 is dismissed.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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Sd/- SOPHY THOMAS, JUDGE

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DSV/18.07.2022

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OP(FC)Nos.151 & 487/2020,

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402/2021 & Tr.P.(C)No.383/2021 7

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APPENDIX OF OP (FC) 151/2020

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PETITIONER'S EXHIBITS :

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EXHIBIT P1 TRUE COPY OF THE ORDER DATED 04.08.2017 IN IA NO.4081/2017. EXHIBIT P2 TRUE COPY OF THE COMMON ORDER DATED 28.05.2018 IN IA 6676/2017 AND CONNECTED IAS IN GOP 540/2017. EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 20.12.2018 IN TR.PC 716/2018 UPLOADED IN THE E-COURT'S WEBSITE. EXHIBIT P4 TRUE COPY OF ORDER DATED 11.11.2019 IN OP(FC)644/2019 OF THIS HON'BLE COURT. EXHIBIT P5 TRUE COPY OF THE IA 1/2020 DATED 04.01.2020 IN OP 171 OF 2019. EXHIBIT P6 TRUE COPY OF THE OBJECTIVE DATED 15.01.2020 FILED BY THE RESPONDENT IN IA NO.1/2020 IN OP 171/2019. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 25.01.2020 IA NO.1/2020 IN OP NO.171/2019 ON THE FILE OF THE FAMILY COURT, PALA.

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RESPONDENT'S EXHIBITS : NIL

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OP(FC)Nos.151 & 487/2020,

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402/2021 & Tr.P.(C)No.383/2021 8

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APPENDIX OF OP (FC) 487/2020

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PETITIONER'S EXHIBITS :

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EXHIBIT P1	TRUE COPY OF THE ORDER DATED 4/8.2017 IN IA 4081/2017 IN GOP 540/17.
EXHIBIT P2	TRUE COPY OF THE COMMON ORDER DATED 28.05.2018 IN IA 6676/2017 AND CONNECTED IA IN GOP 540/2017.
EXHIBIT P3	TRUE COPY OF THE INTERIM ORDER DATED 20.12.2018 IN TR.P(C) 716/2018 UPLOADED IN THE E-COURTS WEBSITE.
EXHIBIT P4	TRUE COPY OF IA 6312/18 DATED 22.12.2018 IN OP 540/2017 BEFORE THE FAMILY COURT, THRISSUR.
EXHIBIT P5	TRUE COPY OF IA 406/2019 DATED 12.04.2019 IN OP.171/2019 BEFORE THE FAMILY COURT PALA.
EXHIBIT P6	TRUE COPY OF THE IA 1128/2019 DATED 15/10/2019 IN OP 171/2019 BEFORE THE FAMILY COURT PALA.
EXHIBIT P7	TRUE COPY OF THE ORDER DATED 11.11.2019 IN OP(FC) 644/2019 OF THIS HON'BLE COURT.
EXHIBIT P8	TRUE COPY OF THE ORDER DATED 25.01.2020 IN IA 1128/2019 IN OP NO.171/2019 ON THE FILE OF THE FAMILY COURT, PALA.

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RESPONDENT'S EXHIBITS : NIL

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OP(FC)Nos.151 & 487/2020,

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402/2021 & Tr.P.(C)No.383/2021 9

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APPENDIX OF TR.P(C) 383/2021

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PETITIONER'S ANNEXURES :

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Annexure 1 TRUE COPY OF O.P.171/19 (GOP NO.540/2017) DATED 10.5.2016 ON THE FILE OF THE FAMILY COURT, PALA. Annexure II TRUE COPY OF THE O.P.102/19(O.P 803/2018) DATED 10.8.2018 PENDING BEFORE THE FAMILY COURT, PALA. Annexure III TRUE COPY OF THE O.P.92/19 (O.P 394/2018) DATED 21.3.2018 PENDING BEFORE THE FAMILY COURT, PALA. Annexure IV TRUE COPY OF THE ORDER DATED 23.1.2019 IN TR.P(C) 560/2018 AND CONNECTED CASE OF THIS HON'BLE COURT.

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RESPONDENT'S ANNEXURES : NIL

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OP(FC)Nos.151 & 487/2020, 402/2021 & Tr.P.(C)No.383/2021 10

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APPENDIX OF OP (FC) 402/2021

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PETITIONER'S EXHIBITS:

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Exhibit P1 TRUE COPY OF THE SAID COMMON ORDER DATED 28.05.2018 PASSED IN I.A.NOS. 6676 OF 2018, 1733 OF 2018, 1734 OF 2018 AND 2040 OF 2018 IN GOP NO.540 OF 2017 ON THE FILE OF FAMILY COURT, THRISSUR. Exhibit P2 TRUE COPY OF THE AFFIDAVIT AND APPLICATION I.A.NO.1128 OF 2019 IN OP NO.171 OF 2019 ON THE FILE OF FAMILY COURT, PALA. Exhibit P3 TRUE COPY OF THE ORDER DATED 25.01.2020 IN I.A.NO.1128 OF 2019 IN OP NO.171 OF 2019 ON THE FILE OF FAMILY COURT, PALA.

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RESPONDENT'S EXHIBITS: NIL

Deepu. K. Thomas v. Miya Jose

Case brief

What is this about?

What did the court decide?

Deepu. K. Thomas v. Miya Jose

Case brief

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What did the court decide?

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