Dismissed

Sruthy K. v. Sudheesh M.

Kerala HC21 Oct 2022OP (FC)/284/2022

Case brief

AI extract

What is this about?

In a writ petition under Article 226 challenging a Family Court custody order, the High Court found the impugned order modified by a later order. The Court did not exercise writ jurisdiction, dismissed the petition, and vacated the interim order, leaving factual contentions open.

What did the court decide?

The writ petition was dismissed and the interim order was vacated in light of the Family Court's modified order.

Sruthy K. Vs Sudheesh M. — Kerala HC (2022) — LawSathi Research

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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 ANIL K.NARENDRAN

¶4

¶5

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944

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OP (FC) NO. 284 OF 2022

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AGAINST THE ORDER DATED 20.05.2022 IN I.A.No.2284 OF 2022 IN
O.P.NO.2526 OF 2021 ON THE FILE OF THE FAMILY COURT,ERNAKULAM

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PETITIONER/RESPONDENT:

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SRUTHY K.
AGED 30 YEARS
D/O.ADHINARAYANAN,
NANDHANAM, ELAYOOR, MUNDAYADU P.O., KANNUR,
NOW RESIDING AT KURUVAPADAM HOUSE, EDATHALA P.O.,
ERNAKULAM., PIN - 683567

¶11

BY ADVS.
C.Y.VINOD KUMAR
SHERIN A.RAHIM

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RESPONDENT/PETITIONER:

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SUDHEESH M.
AGED 34 YEARS
S/O.LAKSHAMANA GUPTAN,
LAKSHAMANA NIVAS, KATTUKULAM,
KATTUKULAM SOUTH POST,
PALAKKAD., PIN - 679514

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BY ADVS.

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A. Abdul Jaleel @ A.A Jaleel Abubaker
M.A.SULFIA(K/841/2005)

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(FC) No.284 of 2022

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J U D G M E N T

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Anil K. Narendran, J.

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The petitioner who is the respondent in O.P.No.2526 of 2021 on the file of the Family Court, Ernakulam, which was one filed by the respondent herein seeking an order to appoint him as guardian and grant custody of the minor child ‘Aradhya’ aged 7 years has filed this original petition under Article 227 of the Constitution of India to set aside Ext.P4 order dated 20.05.2022 in I.A.No.2284 of 2022 in O.P.No.2526 of 2021 on the file of the Family Court, Ernakulam and to dismiss Ext.P2 petition.

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On 23.05.2022, this Court admitted the matter to file and issued notice to the respondent. The petitioner was directed to serve notice on the respondent through his counsel before the Family Court. The order of this court dated 23.05.2022 reads thus:

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“We direct father to produce the child on 25.05.2022 at 11.00 a.m. before the Family Court, Ernakulam. The Family Court is directed to interact with the child. If the Family Court is of the view that the child is not comfortable to stay with the father, the Family Court shall restrict the custody given to father till 25.05.2022. If the Family Court is otherwise of the view that the child is comfortable with the father, the custody of the child can be given to the father till the duration as fixed in the impugned order. This order shall be served on the father

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¶25

O.P.(FC) No.284 of 2022

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through the counsel appearing for him before the Family Court.”

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Today, when this matter is taken up for consideration, the learned counsel for the petitioner would submit that the Family

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Court has already issued another order, whereby Ext.P4 order stands modified.

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In such circumstances, we find no reason to proceed with this original petition further and the same is accordingly dismissed, however, leaving open the legal and factual contentions raised by both sides. The interim order dated 23.05.2022 will stand vacated,

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in view of the modified order passed by the Family Court.

Sd/-

ANIL K.NARENDRAN

JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE

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¶37

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O.P.(FC) No.284 of 2022

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APPENDIX OF OP (FC) 284/2022

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PETITIONER’S EXHIBITS

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Exhibit P1TRUE COPY OF THE O.P. NO.2526/21 ON THE
FILES OF THE HON'BLE FAMILY COURT,
ERNAKULAM

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Exhibit P2TRUE COPY OF THE I.A. NO. 2284/22 IN O.P.
NO.2526/21 DATED 16/4/22 ON THE FILES OF
FAMILY COURT, ERNAKULAM

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Exhibit P3TRUE COPY OF THE OBJECTION DATED 06/05/22
FILED BY THE PETITIONER

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Exhibit P4TRUE COPY OF THE ORDER DATED 20/5/22 IN
I.A. NO. 2284/22 IN O.P. NO.2526/21 ON
THE FILE OF THE FAMILY COURT, ERNAKULAM

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Exhibit P5TRUE COPY OF THE CERTIFICATE DATED
21/4/22 ISSUED BY DR. SHAHEEM SAIT Y.

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RESPONDENT’s EXHIBITS

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EXHIBIT R1(a)The true copy of the order dated
26/07/2021 in OP(FC) 364/2021

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EXHIBIT R1(b)A screen shot of the watsapp call, which
shows the negligent attitude of the
petitioner herein to take the child
before the camera

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EXHIBIT R1(c)The photographs evidencing the moments
enjoyed by the minor

Sruthy K. v. Sudheesh M.

Case brief

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Sruthy K. v. Sudheesh M.

Case brief

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