Disposed

Rajasree Rajan v. Sreeraj . K

Kerala HC27 Oct 2022OP (FC)/576/2022

Case brief

AI extract

What is this about?

The High Court of Kerala heard an original petition invoking supervisory jurisdiction under Article 226. The petitioner sought directing the Family Court to expedite an interlocutory application regarding custody and travel. The Court directed the Family Court to advance the case and expedite hearing.

What did the court decide?

Directed Family Court to advance O.P. No.68/2021 and I.A.No.2/2021 to hearing on 29.10.2022 and pass appropriate orders.

Rajasree Rajan Vs Sreeraj . K — 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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THURSDAY, THE 27TH DAY OF OCTOBER 2022/5TH KARTHIKA, 1944

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OP (FC) NO. 576 OF 2022

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OP(G&W)NO.68 OF 2021 OF THE FAMILY COURT, MAVELIKKARA
PETITIONER/PETITIONER:

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RAJASREE RAJAN, AGED 34 YEARS, KOLLAM PARAMBIL,
ERAMATHOOR P.O, KURATTISERY, VILLAGE MANNAR,
MAVELIKARA TALUK, ALAPPUZHA DISTRICT-689622,
REPRESENTED BY HER POWER OF ATTORNEY HOLDER
RAJESWARI AMMA, AGED 59 YEARS W/O RAJAN,
RESIDING AT KOLLAM PARAMBIL , ERAMATHOOR P.O,
MANNAR, KURATTISSERY VILLAGE, CHENGANOOR TALUK,
ALAPPUZHA DISTRICT, PIN - 689622

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BY ADV SEBIN THOMAS

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RESPONDENT/RESPONDENT:

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SREERAJ K., AGED 36 YEARS, S/O.KESAVAN,
KOTTAPURATHU THEKKATHIL, VIVEKANANDA NAGAR 72,
KUREEPUZHA, KAVANAD P.O, KOLLAM-691003 CURRENTLY
RESIDING NO: 7- 137, BLK 117, JURONG EAST,
ST 13, SINGAPORE, PIN - 600117

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R BY ADV C.R.JAYAKUMAR

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 27.10.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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O.P.(FC)No.576 of 2022

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JUDGMENT

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Anil K. Narendran, J.

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The petitioner-wife filed O.P(G&W)No.68 of 2021 before the Family Court, Mavelikkara against the respondent hereinhusband, seeking permanent custody of the minor child by name Sreevardhan S. (born on 21.10.2015) and to take him along with her to her workplace at U.K. The petitioner has 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.P9 as proper service of notice on the respondent and accordingly dispose of Ext.P6 interlocutory application, i.e., I.A.No.2 of 2021 in O.P.No.68 of 2021. The petitioner has also sought for an order of interim custody of the minor child by name Sreevardhan, with the petitioner for taking him along with her to her workplace at U.K.

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On 10.10.2022, when this original petition came up for admission, this Court issued notice on admission to the respondent by speed post returnable by 27.10.2022. The

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O.P.(FC)No.576 of 2022

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petitioner was permitted to take out notice to the respondent in his local address. The learned counsel for the petitioner was directed to furnish the e-mail ID of the respondent, within two days, and Registry was directed to issue notice to the respondent through email as well.

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Today, when the matter is taken up for consideration, Adv.Sri.C.R.Jayakumar entered appearance for the respondent.

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Heard the learned counsel for the petitioner-wife and also the learned counsel for the respondent-husband.

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The learned counsel for the respondent would submit that the respondent shall appear before the Family Court, Mavelikkara in O.P.No.68 of 2021 on a date to be fixed by this Court. The respondent shall co-operate for a time bound consideration of I.A.No.2 of 2021, subject to his right to have online interaction with the minor child and also visitorial right during vacation.

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The learned counsel for the petitioner would submit that considering the facts and circumstances of the case, as

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O.P.(FC)No.576 of 2022

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pointed out in this original petition, a time bound consideration of Ext.P6, i.e., I.A.No.2 of 2021 in O.P.No.68 of 2021 is highly essential.

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Having considered the submissions made by the learned counsel on both sides, we deem it appropriate to dispose of this original petition with the following directions;

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(i) The petitioner and the respondent shall appear before the Family Court, Mavelikkara on 29.10.2022 .

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(ii) On production of a certified copy of this judgment, the Family Court, Mavelikkara shall advance O.P.(G&W)No.68 of 2021 to 29.10.2022 and consider I.A.No.2 of 2021 filed by the petitioner and pass appropriate orders thereon, on 29.10.2022 itself, since the specific stand taken by the respondent before this Court is that, he has no objection in the petitioner taking the minor child along with her to her

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workplace in U.K., subject to the right of the respondent to have online interaction with the minor child and also visitorial right during vacation and the

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O.P.(FC)No.576 of 2022

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copy of the order shall be issued to both parties without any delay, since it is submitted by the learned counsel for the petitioner that, for processing the application for Visa, the petitioner is required to produce the order of the Family Court on or before 31.10.2022.

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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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AV/27/10

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O.P.(FC)No.576 of 2022

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APPENDIX OF OP (FC) 576/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE GENERAL POWER OF
ATTORNEY DATED 28.12.2020
Exhibit P2 TRUE COPY OF THE MARRIAGE CERTIFICATE
DATED 26.05.2014
Exhibit P3 TRUE COPY OF THE BIRTH CERTIFICATE OF
THE MINOR CHILD SREEVARDHAN.S DATED
10.12.2015
Exhibit P4 COPY OF THE RELEVANT PAGES OF THE
PASSPORT OF THE CHILD
Exhibit P5 TRUE COPY OF THE PETITION IN
O.P.NO.68/2021 PENDING ON FILE OF THE
FAMILY COURT, MAVELIKKARA
Exhibit6 TRUE COPY OF THE I.A.NO.2/2021 IN
O.P.NO.68/2021 ON THE FILE OF THE
HONOURABLE FAMILY COURT, MAVELIKKARA
Exhibit P7 THE TRUE COPY OF THE O.P.NO.63/2021
PETITION PENDING ON THE FILE OF THE
FAMILY COURT, MAVELIKKARA
Exhibit P8 TRUE COPY OF THE HOSPITAL RECORDS OF
KOTTAYAM MEDICAL COLLEGE HOSPITAL AND
VSM HOSPITAL THATTARAMBALAM,
MAVELIKKARA
Exhibit9 TRUE COPY OF THE WHATSAPP CHAT WITH
THE RESPONDENT
Exhibit P10 TRUE COPY OF THE BOOKING DETAILS OF
THE FLIGHT OF THE PETITIONER DATED
30.08.2022

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O.P.(FC)No.576 of 2022

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Exhibit P11 TRUE COPY OF THE E-COURT DETAILS OF
O.P (GUARDIAN & WARDS).NO.68/2021

Rajasree Rajan v. Sreeraj . K

Case brief

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Rajasree Rajan v. Sreeraj . K

Case brief

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