Dismissed

Jyolsana v. Abhilash

Kerala HC18 Nov 2022OP (FC)/307/2022

Case brief

AI extract

What is this about?

The High Court of Kerala, in a writ petition filed under Article 227, quashed an order appointing the respondent as guardian and granting custody. The Court allowed the petitioner to set aside the impugned order after the parties filed a joint petition for divorce under Section 13B of the Hindu Marriage Act and obtained a mutual consent decree.

What did the court decide?

The original petition to set aside the order dated 04.05.2022 is allowed, and the impugned order is quashed.

Jyolsana Vs Abhilash — 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 ANIL K. NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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FRIDAY, THE 18TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA, 1944
O.P.(FC)NO.307OF 2022

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G.O.P.No.1011 OF 2020 ON THE FILES OF THE FAMILY COURT,
THRISSUR

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PETITIONER:

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JYOLSANA,
AGED 32 YEARS,
VALIAPARAMBIL HOUSE,
THALAPPILLY TALUK, PARITHIPARA DESOM,
KUMARANELLUR P.O.,
THRISSUR DISTRICT, PIN - 680611

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BY ADVS.
SAM ISAAC POTHIYIL
S.SURAJA
TINU JOHNSON
VISHNU DAS
SRUTHI DAS
MOHAMED AMJAD K.M
JISHMA K.S
OSHIN MENDEZ
PHILIP ARUN M.N.
ANJITHA ANIL KUMAR
MARIA NEETHU T.J

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RESPONDENT:

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ABHILASH,
AGED 33 YEARS,
SANKARACKAL HOUSE,
ARANATTUKARA VILLAGE,
KARYATTUKARA DESOM,
THRISSUR DISTRICT, PIN – 680590

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O.P.(FC)No.307 of 2022

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BY ADVS.
PREMCHAND M M
K.ANITHA JOHN(K/000593/2015)
VINAYA V. NAIR(K/233/2013)

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
18.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(FC)No.307 of 2022

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JUDGMENT

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Anil K. Narendran, J.

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The petitioner is the respondent in G.O.P.No.1011 of 2020 in the Family Court, Thrissur, which is one filed by the respondent herein-father to appoint him as the guardian of the minor children and to grant him permanent custody. The petitioner has filed this original petition under Article 227 of the Constitution of India, seeking an order to set aside Ext.P6 order dated 04.05.2022 of the Family Court, Thrissur in I.A.No.16 of 2022 in G.O.P.No.1011 of 2020, whereby the Family Court has issued warrant against the petitioner.

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On 03.06.2022, when this original petition came up for admission, this Court issued notice on admission to the respondent through special messenger.

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On 13.06.2022, when this original petition came up for consideration, the respondent entered appearance through counsel.

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Both parties were directed to be present before this Court on 20.06.2022. The petitioner was directed to produce the children before this Court on the same day.

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On 20.06.2022, when this original petition came up for consideration, both parties were directed to appear before the Family Counselling Centre attached to this Court forthwith.

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Today, when this matter is taken up for consideration, the

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O.P.(FC)No.307 of 2022

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learned counsel on both sides would submit that the parties have settled the entire disputes in meditation. They filed a joint petition under Section 13B of the Hindu Marriages Act, 1955, for decree of divorce on mutual consent. That original petition, i.e., O.P.No.2520 of 2022 has already been allowed by the Family Court, Thrissur on 01.11.2022 and the marriage solemnised between the parties on 17.11.2008 stands dissolved by mutual consent. Since the parties have settled the entire disputes in mediation and obtained a decree of divorce by mutual consent in O.P.No.2520 of 2022, this original petition may be disposed of by setting aside Ext.P6 order dated 04.05.2022 of the Family Court, Thrissur.

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Since the parties have settled the disputes in mediation and obtained a decree of divorce by mutual consent by the judgment dated 01.11.2022 in O.P.No.2520 of 2022 of the Family Court, Thrissur, this original petition is disposed by setting aside Ext.P6 order dated 04.05.2022 in I.A.No.16 of 2022 in G.O.P.No.1011 of 2020 of the Family Court, Thrissur.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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MIN

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O.P.(FC)No.307 of 2022

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APPENDIX OF O.P.(FC) 307/2022

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PETITIONER EXHIBITS

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Exhibit P1 THE TRUE COPY OF THE FIR IN CRIME NO.1485
OF 2020 OF THRISSUR WEST POLICE STATION,
THRISSUR DISTRICT DATED 05.12.2020
Exhibit P2 THE TRUE COPY OF THE ORDER DATED
27.04.2021 IN I A NO.1/2020 IN GOP NO.
1011/2020 BEFORE THE FAMILY COURT,
THRISSUR
Exhibit P3 THE TRUE COPY OF THE JUDGMENT IN OP(FC)
NO.329/2021 BEFORE THE HONOURABLE HIGH
COURT DATED 05.08.2021

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`Exhibit P4`	`THE TRUE COPY OF THE INTERIM APPLICATION`
	`ALONG WITH THE EXHIBITS IN IA NO.1/2022`
	`IN OP(FC) NO.329/2021`

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`Exhibit P5` `THE TRUE COPY`	`OF THE DETAILED ASSESSMENT`
`PSYCHOLOGICAL`	`REPORT ON 23.05.2022 ISSUED`
`BY THE AMRITA`	`INSTITUTE OF MEDICAL`
`SCIENCES AND R`	`ESEARCH CENTRE, COCHIN - 41`
`Exhibit P6` `THE CERTIFIED`	`COPY OF THE ORDER IN I A`
`NO.16/2022 IN`	`OP NO.1011/2020 BEFORE THE`
`FAMILY COURT,`	`THRISSUR DATED 04.05.2022`

Jyolsana v. Abhilash

Case brief

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What did the court decide?

Jyolsana v. Abhilash

Case brief

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What did the court decide?

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