Disposed

Saritha. T v. Vinod. K.V

Kerala HC25 Jan 2023OP (FC)/47/2023

Case brief

AI extract

What is this about?

The Kerala High Court, exercising powers under Article 227, directed the Family Court, Kannur, to issue a certified copy of orders in interlocutory applications. The Court also restrained the Family Court from taking further action based on those orders until the certified copy was produced, due to the petitioner's request and the nature of the custody dispute.

What did the court decide?

Directed Family Court to issue certified copy of orders in I.A.Nos. 13 and 14 of 2023 within ten days and kept further actions pursuant to the order in abeyance.

Saritha. T Vs Vinod. K.V — Child Custody and Guardianship | Kerala HC (2023)

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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 25^TH DAY OF JANUARY 2023 / 5TH MAGHA, 1944

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O.P.(FC) NO. 47 OF 2023

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AGAINST THE ORDER 17.01.2023 IN I.A.NO.13 OF 2013 AND I.A.NO.14 OF 2013 IN I.A.NO.10 OF 2013 IN I.A.NO.3 OF 2022 IN O.P.NO.778 OF 2022 ON THE FILE OF THE FAMILY

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COURT, KANNUR

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PETITIONER:

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SARITHA T., AGED 34 YEARS, D/O RAVNDRAN, RESIDING AT THOVORATH HOUSE, KOLACHERY AMSOM DESOM, P.O. KOLACHERY, KOLACHERY VILLAGE, TALIPARAMBA TALUK, KANNUR, PIN – 670601.

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BY ADVS. ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) M.K.SUMOD PRAJIT RATNAKARAN VIDYA M.K.

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RESPONDENT:

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VINOD. K.V AGED 42 YEARS S/O VIJAYAN, MINI NILAYAM, P.O. POLIKKODE, PILIKKODE VILLAGE, HOSDURG TALUK, KASARGOD, PIN – 671310.

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THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 25.01.2023, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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O.P.(FC) No.47 of 2023

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JUDGMENT

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P.G. Ajithkumar, J.

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The petitioner is the wife of the respondent. The petitioner filed O.P.No.778 of 2022 before the Family Court, Kannur. She demanded permanent custody of the minor child named Sanviya Vinod, now aged 8 years. As per the order in I.A.No.3 of 2022, which was filed by her in that O.P. for getting interim custody, the Family Court allowed her to have interim custody of the child from 10.00 a.m. on 26.12.2022 to 10.00 a.m. on 31.12.2022. Since the respondent did not comply with that order, the petitioner filed I.A.No.7 of 2022 for enforcing the said order of interim custody with the aid of the police. The order in I.A.No.3 of 2022 was thereby enforced and the custody of the child was entrusted with her. The child thereafter refused to go along with the respondent father, although the period of interim custody was over. The respondent, therefore, filed I.A.Nos.13 of 2023 and 14 of 2023. The respondent sought to direct the petitioner to return the custody of the child with the intervention of police. It is

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O.P.(FC) No.47 of 2023

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alleged that without giving the petitioner an opportunity to file objections or of being heard, the Family Court, Kannur allowed the said petitions. Custody of the child was not handed over to the respondent solely because the child refuses to go along with the father, for which there are sufficient reasons.

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The petitioner submitted an application to get a certified copy of the said order so that she can challenge its legality. But, she is yet to get a certified copy. The Family Court, in the meantime is taking hasty steps to enforce the said order. Hence, the petitioner has filed this Original Petition under Article 227 of the Constitution of India seeking a direction to the Family Court, Kannur to issue a certified copy of the order in I.A.Nos.13 and 14 of 2023. It is also sought that till a certified copy is issued, direct the Family Court not to take further action pursuant to the said order.

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Considering the nature of relief proposed to be

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granted in this Original Petition, service of notice on the respondent is dispensed with.

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O.P.(FC) No.47 of 2023

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Heard the learned counsel appearing for the petitioner in detail.

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Ext.P5 is the order dated 24.12.2022 in I.A.No.3 of 2022 in O.P.No.778 of 2022. As per the said order, interim custody of the child alone was given to the petitioner. Of course, she could get interim custody in terms of the said order only when the Family Court enforced it with the aid of the police. Now, the petitioner would contend that she is unable to return the child; since the child refuses to go along with the respondent-father. Her grievance is that she was not

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given an opportunity to file objections and an opportunity of being heard before the Family Court allowing I.A.Nos.13 and 14 of 2023.

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In the said circumstances, it is only appropriate to direct the Family Court to issue a certified copy of the order in the said interlocutory applications, for which she has already submitted an application. In the said circumstances, this Original Petition is disposed of directing the Family Court, Kannur to issue a certified copy of the orders in I.A.Nos.13

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O.P.(FC) No.47 of 2023

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and 14 of 2023 in O.P.No.778 of 2022 within a period of ten days from the date of production of a certified copy of this judgment. The Family Court, Kannur is further directed to keep the further actions pursuant to the said order in

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abeyance till a certified copy is issued.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/P.G. AJITHKUMAR, JUDGE

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dkr

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O.P.(FC) No.47 of 2023

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APPENDIX OF OP (FC) 47/2023

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN OP 614/2021 DATED 10.1.2022 OF THE FAMILY COURT, KANNUR EXHIBIT P2 TRUE COPY OF THE AGREEMENT DATED 2.7. 2021 EXHIBIT P3 TRUE COPY OF THE PETITION IN OP NO. 778/2022 BEFORE THE FAMILY COURT, KANNUR DATED 3.6.2022 EXHIBIT P4 TRUE COPY OF THE COUNTER IN OP 778/2022 FILED BEFORE THE FAMILY COURT, KANNUR DATED 29.10.2022 EXHIBIT P5 TRUE COPY OF THE ORDER IN IA 3/2022 IN OP NO. 778/ 2022 DATED 24.12.2022 EXHIBIT P6 TRUE COPY OF THE ORDER IN IA 7/2022 IN IA 3/2022 IN OP 778/2022 OF THE FAMILY COURT, KANNUR DATED 28.12.2022

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EXHIBIT P7 TRUE COPY OF THE IA 13/2023 IN IA 10/2023 IN IA 3/2022 IN OP 778/2022 BEFORE THE FAMILY COURT, KANNUR DATED 17.1.2023 FOR POLICE PROTECTION

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EXHIBIT P8 TRUE COPY OF THE IA 14/2023 IN IA 10/2023 IN IA 3/2022 IN OP 778/2022 BEFORE THE FAMILY COURT, KANNUR DATED 17.1.2023 FOR HANDING OVER THE CHILD.

Saritha. T v. Vinod. K.V

Case brief

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Saritha. T v. Vinod. K.V

Case brief

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