Dismissed

Shaji Sundar S v. Deepa

Kerala HC30 Nov 2022OP (FC)/447/2022

Case brief

AI extract

What is this about?

In a family custody dispute where the petitioner father and respondent mother contested custody of minor children, this court observed that both parties had decided to live together. Consequently, the court directed the parties to settle the matter by withdrawing the earlier custody petition filed by the respondent. The original petition was disposed of based on this settled understanding.

What did the court decide?

Parties directed to withdraw the custody petition filed under Section 25 of the Guardian and Wards Act; original petition dismissed on account of settlement.

Shaji Sundar S Vs Deepa — 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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WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022/9TH AGRAHAYANA,

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OP (FC) NO. 447OF 2022

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AGAINST THE ORDER DATED 23.07.2022 IN I.A.NO.5 OF 2022 IN

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O.P.NO.700 OF 2020 OF FAMILY COURT, PALAKKAD

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PETITIONER/S:

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SHAJI SUNDAR S, AGED 48 YEARS
S/O SUNDARAN, SUNDAR NIVAS,
SV STREET, KOLLENGODE,
CHITTUR TALUK, PALAKKAD DIST, PIN - 678506

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BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
JOPHY POTHEN KANDANKARY

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RESPONDENT/S:

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DEEPA, AGED 44 YEARS
D/O SREEDHARAN,
KARUPPAMPARAMBU HOUSE,
KANDANASSERRY POST,
THRISSUR DIST., PIN - 680102

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BY ADV Shiraz Abdulla M.S

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THIS OP (FAMILY COURT) HAVING COME UP FOR
ADMISSION ON 30.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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OP (FC) NO. 447 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 O.P.No.700 of 2020 on the file of the Family Court, Palakkad, which is one filed by the respondent herein under Section 25 of the Guardian and Wards Act read with Section 7(1) of the Family Courts Act, 1984, seeking permamnent custody of the minor children, namely, Abhiram, aged 12 years and Dhanush, aged 7 years. The respondent filed I.A.No.5 of 2022 in O.P.No.700 of 2020, seeking an order directing the petitioner herein to produce the minor children before the court and give custody to the respondent mother. In that interlocutory application, the Family Court passed an order dated 23.07.2022 which is under challenge in this original petition.

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On 10.08.2022 when this original petition came up for admission, this Court issued notice by speed post to respondent. This Court also ordered that till further orders, the children need not be handed over to the respondent.

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On 19.10.2022, both parties were directed to be personally present in Court on 02.11.2022 along with the minor children. 4. On 02.11.2022 both parties were present along with the minor children and they were directed to appear before the Family Counselling Centre attached to Kerala High Court Legal Services

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OP (FC) NO. 447 OF 2022

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Committee, for counselling.

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Today when this matter is taken up for consideration, the petitioner and the respondent are personally present in court along with the minor children. We have interacted with the parties and also the minor children.

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The petitioner and the respondent have stated in categorial terms that they have decided to live together, along with the minor children. The respondent shall withdraw O.P.No.700 of 2020 on the file of the Family Court, Palakkkad, in view of the aforesaid decision.

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The respondent shall file such an application before the Family Court, Palakkad, in order to withdraw O.P.No.700 of 2020 within a period of two weeks from the date of receipt of a certified copy of this judgment.

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In the above circumstances, this original petition is disposed of with the direction contained hereinbefore, since the parties have settled the matter and decided to live together, along with the minor children.

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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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bkn/-

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OP (FC) NO. 447 OF 2022

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APPENDIX OF OP (FC) 447/2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE COPY OF OP NO.700/2020 ON THE` `FILE OF FAMILY COURT, PALAKKAD`
`Exhibit P2`	`TRUE COPY OF IA NO.2/2020 FILED IN` `EXHIBIT P1 PROCEEDINGS`
`Exhibit P3`	`TRUE COPY OF THE COUNTER AFFIDAVIT` `FILED IN EXHIBIT P2`
`Exhibit P4`	`TRUE COPY OF THE ORDER DATED 12-04-` `2022 PASSED IN EXHIBIT P2 PETITION`
`Exhibit P5`	`TRUE COPY OF IA NO.5/2022 FILED IN` `EXHIBIT P1 PETITION`
`Exhibit P6`	`TRUE COPY OF THE COUNTER AFFIDAVIT` `FILED IN EXHIBIT P5 PETITION`
`Exhibit P7`	`TRUE COPY OF THE DOCUMENT LIST` `PRODUCED IN COURT ON 21-06-2022 BY` `THE PETITIONER`
`Exhibit P8`	`TRUE COPY OF THE ORDER PASSED BY THE` `FAMILY COURT, PALAKKAD IN EXHIBIT P5` `PETITION ON 23-07-2022`

Shaji Sundar S v. Deepa

Case brief

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What did the court decide?

Shaji Sundar S v. Deepa

Case brief

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What did the court decide?

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