Dismissed

Vishnu P Naick v. Nayana

Kerala HC14 Sept 2022OP (FC)/500/2022

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an original petition invoking Article 227 jurisdiction, dismissing the interlocutory custody application of the Family Court, Mavelikkara, and directed the Family Court to issue a certified copy of that order to the petitioner within one week.

What did the court decide?

Directing the Family Court, Mavelikkara to issue a certified copy of the order from 05.09.2022 to the petitioner within one week from the date of producing a certified copy of this judgment.

Vishnu P Naick Vs Nayana — 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
WEDNESDAY, THE 14TH DAY OF SEPTEMBER 2022 / 23RD BHADRA,

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O.P.(FC)NO.500 OF 2022

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AGAINST I.A.NO.3 OF 2022 IN O.P.(GUARDIAN)NO.674 OF 2022
ON THE FILES OF THE FAMILY COURT, MAVELIKKARA

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PETITIONER:

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VISHNU P. NAICK,
AGED 36 YEARS,
S/O. PANDURENGA NAICK, THAYYIL HOUSE, OLD
THIRUMALA VILLAGE, NEAR IRON BRIDGE, ALAPPUZHA,
NOW RESIDING AT 6A, CORDON SREEVALSAM APARTMENTS,
PIPPINMOOD, SHASTHAMANGALAM, THIRUVANANTHAPURAM,
PIN - 695010

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BY ADV R. LAKSHMI NARAYAN

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RESPONDENT:

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NAYANA,
AGED 35 YEARS,
D/O. SIVARAJ P., KOLEDATHU HOUSE, ERUVA P.O.,
ERUVA EAST MURI, PATHIYOOR VILLAGE, ALLAPUZHA,
PIN - 690572

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BY ADVS.
M. S.UNNIKRISHNAN
K. SUNIL(K/1052/2010)
ALEENA MARIA JOSE(K/000520/2017)
M. ARDRA KRISHNAN(K/000990/2017)
KRISHNENDU. D(K/001297/2021)

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
14.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(FC)No.500 OF 2022

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JUDGMENT

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Anil K. Narendran, J.

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The petitioner filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Family Court, Mavelikkara to consider Ext.P5 interlocutory application, i.e., I.A.No.3 of 2022 in O.P.(Guardian)No.674 of 2022 (Ext.P3), within a time limit to be fixed by this Court and grant interim custody of the minor child Darshan V. Naik, aged seven years, as sought for in that interlocutory application.

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On 29.08.2022, when this original petition came up for admission, this Court issued notice before admission by special messenger to the respondent-mother.

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On 01.09.2022, when this matter came up for consideration, the petitioner-father and his parents and also the respondent-mother were personally present in Court. Having considered the submissions made by the learned counsel on both sides and taking note of the relief sought for in I.A.No.3 of 2022, we passed an order directing the Family Court, Mavelikkara to advance the hearing of the said interlocutory application to 05.09.2022 and pass appropriate orders thereon, on the very

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O.P.(FC)No.500 OF 2022

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same day itself, keeping in mind the law laid down in the decisions on the question of custody of minor child.

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The respondent has filed a counter affidavit dated 01.09.2022, raising various contentions.

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Today, when this matter is taken up for consideration, the petitioner has filed a reply affidavit in online.

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Heard the learned counsel for the petitioner and also the learned counsel for the respondent.

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The learned counsel for the petitioner would submit that in terms of the order of this Court dated 01.09.2022, the Family Court, Mavelikkara considered I.A.No.3 of 2022 on 05.09.2022 and the said interlocutory application now stands dismissed. Though the petitioner made an application for certified copy, he is yet to obtain a copy of that order.

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Having considered the submissions made by the learned counsel on both sides, this Court finds that, I.A.No.3 of 2022 stands dismissed by the order dated 05.09.2022 of the Family Court, Mavelikkara. The petitioner-father is yet to be issued with a copy of that order. In such circumstances, this original petition is disposed of, leaving open the legal and factual contentions raised by both sides, by directing the Family Court, Mavelikkara

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O.P.(FC)No.500 OF 2022

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to issue a certified copy of that order to the petitioner, if not already issued, as expeditiously as possible, at any rate, within a period of one week from the date of production of a certified copy of this judgment.

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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.500 OF 2022

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APPENDIX OF O.P.(FC)NO.500 OF 2022

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PETITIONER’S EXHIBITS:

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EXHIBIT P-1 THE TRUE COPY OF THE JUDGMENT DATED
8.10.2021 IN O.P (HMA) NO.229 OF 2021
OF THE FAMILY COURT, MAVELIKARA

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EXHIBIT P-2 THE TRUE COPY OF THE UNDERTAKING DATED
8.10.2021 EXECUTED BY THE PETITIONER
AND THE RESPONDENT IN OP NO. 229/2021
ON THE FILE OF THE FAMILY COURT,
MAVELIKKARA

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EXHIBIT P-3 THE TRUE COPY OF THE PETITION FILED ON
4.5.2022 AS OP (GUARDIAN) NO 674 OF
2022, BY THE PETITIONER BEFORE THE
FAMILY COURT, MAVELIKKARA

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EXHIBIT P-4 THE TRUE COPY OF THE IA NO 1 OF 2022
IN OP(GUARDIAN) NO 674 OF 2022, ON THE
FILE OF THE FAMILY COURT, MAVELIKKARA

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EXHIBIT P-5 THE TRUE COPY OF THE IA NO 3 OF 2022
IN OP (GUARDIAN) NO 674 OF 2022, ON
THE FILE OF THE FAMILY COURT,
MAVELIKKARA

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EXHIBIT P-6 THE TRUE COPY OF THE AFFIDAVIT SWORN
BY THE RESPONDENT IN OP (GUARDIAN) NO
674 OF 2022, ON THE FILE OF THE FAMILY
COURT, MAVELIKKARA

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RESPONDENT’S EXHIBITS:

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EXHIBIT R1(A) TRUE COPY OF PETITION IN O.P. (HMA)
NO. 229 OF 2021 ON THE FILES OF FAMILY
COURT, MAVELIKKARA.

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EXHIBIT R1 (B) TRUE COPY OF PRESCRIPTION OF DR. S.K.
VIJAYACHANDRAN (MBBS. DPM)

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O.P.(FC)No.500 OF 2022

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EXHIBIT R1 (C) TRUE COPY OF PRINTOUT OF SCREEN SHOT
OF THE WHATSAPP MESSAGES DATED
20.11.2021 AND 21.11.2021

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EXHIBIT R1(D) TRUE COPY OF PRINTOUT OF SCREEN SHOT
OF THE WHATSAPP MESSAGES DATED
9.12.2021 BETWEEN THE PETITIONER AND
RESPONDENT'S FATHER'S MOBILE PHONE

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EXHIBIT R1 (E) TRUE COPY OF PRINTOUT OF SCREEN SHOT
OF THE WHATSAPP MESSAGES DATED
06.1.2022, 07.1.2022 AND 14.01.2022
BETWEEN THE PETITIONER AND
RESPONDENT'S FATHER'S MOBILE PHONE

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EXHIBIT R1(F) TRUE COPY OF PRINTOUT OF SCREEN SHOT
OF THE WHATSAPP MESSAGES DATED
06.02.2022, 10.2.2022 AND 11.2.2022
BETWEEN THE PETITIONER AND
RESPONDENT'S FATHER'S MOBILE PHONE

Vishnu P Naick v. Nayana

Case brief

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Vishnu P Naick v. Nayana

Case brief

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