Disposed

Vidya v. Prem Darsan

Kerala HC20 Oct 2022RP/839/2022

Case brief

AI extract

What is this about?

The Kerala High Court disposed of two review petitions concerning interim child custody orders by the Family Court, Mavelikkara. The court declined to interfere with the custody arrangement, noting that evidence of the petitioner's divorce filed in other forums must be presented directly to the Family Court.

What did the court decide?

Review petitions disposed of; liberty granted to petitioner to produce divorce petitions before the Family Court.

Vidya Vs Prem Darsan — 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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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THURSDAY, THE 20^TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944

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RP NO. 839 OF 2022

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AGAINST THE ORDER/JUDGMENT IN OP (FC) 393/2022 OF HIGH

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COURT OF KERALA

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REVIEW PETITIONER:

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VIDYA, AGED 29 YEARS, D/O. BINDU, SREEDEVI, PUTHIYAVILA MURI, KANDALLOOR VILLAGE, ALAPPUZHA DISTRICT PIN – 690 535.

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BY ADV B.RENJITHKUMAR

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RESPONDENT:

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PREM DARSAN, AGED 32 YEARS, S/O. LEKSHMANAN PILLAI 'GAATHA', KANDALLUR, NORTH MURI, KANDALLUR VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, PIN – 690 535.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20.10.2022, ALONG WITH REVIEW PETITION NO.844 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RP NOS. 839 OF 2022 & 844 OF 2022

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..2..

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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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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THURSDAY, THE 20^TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944

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RP NO. 844 OF 2022

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AGAINST THE ORDER/JUDGMENT IN OP (FC) 391/2022 OF HIGH

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COURT OF KERALA

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REVIEW PETITIONER:

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VIDYA, AGED 29 YEARS, D/O. BINDU, SREEDEVI, PUTHIYAVILA MURI, KANDALLOOR VILLAGE, ALAPPUZHA DISTRICT PIN – 690 535.

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BY ADVS. B.RENJITHKUMAR CLARA SHERIN FRANCIS

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RESPONDENT:

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PREM DARSAN, AGED 32 YEARS, S/O. LEKSHMANAN PILLAI 'GAATHA', KANDALLUR, NORTH MURI, KANDALLUR VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, PIN – 690 535.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20.10.2022, ALONG WITH REVIEW PETITION NO.839 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RP NOS. 839 OF 2022 & 844 OF 2022

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..3..

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O R D E R

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A. Muhamed Mustaque, J

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These review petitions are filed at the instance of the respondent in the original petition. We have not interfered with the interim custody arrangement made by the Family Court, Mavelikkara. However, we made an

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observation that if the father of the child moves to Guruvayoor, he can file an application for overnight custody. Fearing that, overnight

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custody will have to be given to the father based on such observation, the review petitioner has approached this Court.

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The review petitioner now relies on Annexure A1 – a petition for divorce and Annexure A2 – another petition for divorce filed by one Sangeeth S Nath arraying the father of the child as an adulterer. The learned counsel for the

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RP NOS. 839 OF 2022 & 844 OF 2022

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..4..

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review petitioner submits that those documents ought to have been considered by this Court. We are not entertaining this submission. It is for the petitioner to bring these documents before the Family Court, Mavelikkara while custody application being considered. With liberty to produce Annexures A1 and A2 before the Family Court, Mavelikkara, these review petitions are disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

Sd/-

SOPHY THOMAS

JUDGE

RP NOS. 839 OF 2022 & 844 OF 2022

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..5..

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APPENDIX OF RP 839/2022

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PETITIONER ANNEXURES

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Annexure-A1 TRUE COPY OF THE OP (HMA) NO. 1143/2020 IN THE FILE OF FAMILY COURT, MAVELIKKARA FILED BY THE PETITIONER ON 21.10.2020 Annexure-A2 TRUE COPY OP (HMA) 29/2020 IN THE FILE OF FAMILY COURT, PATHANAMTHITTA FILED ON 9.1.2020 BY THE HUSBAND OF SMT. GOPIKA P.KUMAR

Vidya v. Prem Darsan

Case brief

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Vidya v. Prem Darsan

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