Disposed

Hari Krishnan v. S. Padmakumar

Kerala HC8 Feb 2023OP (FC)/52/2023

Case brief

AI extract

What is this about?

This family court order addresses a warrant petition filed by Hari Krishnan seeking a direction to the Family Court at Nedumangad to dispose of pending interlocutory applications concerning jurisdiction and production of minor children in an earlier guardianship petition.

What did the court decide?

Directed the Family Court, Nedumangad to consider and pass orders on pending interlocutory applications in O.P.(G&W) No.1051 of 2021 within three weeks.

Hari Krishnan Vs S. Padmakumar — 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 8^TH DAY OF FEBRUARY 2023 / 19TH MAGHA, 1944 O.P.(FC) NO. 52 OF 2023

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SPEEDY DISPOSAL OF I.A.NO.1 OF 2021 AND I.A.NO.1 OF 2022 IN O.P.(G&W) NO.1051 OF 2021 ON THE FILES OF THE FAMILY COURT, NEDUMANGAD

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PETITIONER:

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HARI KRISHNAN

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AGED 38 YEARS, S/O KRISHNAN NAIR, AANAD

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MANDAPAMTHAIL VILAKAM VEEDU, ANAD VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN- 695541 RESIDING AT FLAT NO. 10-D, BPCL TOWNSHIP, VANDIPETTA, KUZHIYARA.P.O. KOCHI, PIN – 682312.

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BY ADVS.

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K.K.DHEERENDRAKRISHNAN N.P.ASHA

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RESPONDENTS:

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1 S. PADMAKUMAR

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T.C 40/1822, ARAYALLOOR ELLUVILAVEEDU, THIRUMALA VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN – 695006.

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2 GEETHARANI,

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W/O PADMAKUMAR T.C 40/1822, ARAYALLOOR ELLUVILAVEEDU, THIRUMALA VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN – 695006.

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O.P.(FC) No.52 of 2023

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3 KRISHNAN NAIR, AANAD MANDAPAMTHAIL VILAKAM VEEDU, ANAD VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN – 695541.

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4 CHANDRAMATHI, AANAD MANDAPATHIL VILAKAM VEEDU, ANAD VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN – 695541. BY ADVS. V.RAJASEKHARAN PILLAI SURYA MOHAN P.

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THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL HEARING ON 08.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(FC) No.52 of 2023

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JUDGMENT

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P.G. Ajithkumar, J.

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Maternal grandparents of children, named Rithika Krishnan, aged 8 years and Rithwick Krishnan, aged 5 years, who are respondents 1 and 2 herein, have filed O.P.(G&W) No.1051 of 2021 before the Family Court, Nedumangad seeking a decree declaring them the guardian of the children. They claim permanent custody of the children as well. The petitioner herein is the 1^st respondent. His parents are respondent Nos.2 and 3 in O.P.(G&W) No.1051 of 2021, who are respondents Nos.3 and 4 herein. The petitioner along with respondent Nos.3 and 4 filed I.A.No.1 of 2022 in O.P.(G&W) No.1051 of 2021 requesting the Family Court to consider the question of maintainability of the original petition at the earliest. Alleging that there occurs delay in disposing of I.A.No.1 of 2022 (Ext.P2), this Original Petition has been filed under Article 227 of the Constitution of India seeking a direction to the Family Court, Nedumangad to dispose of that interlocutory application within a period fixed by this Court.

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O.P.(FC) No.52 of 2023

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On 30.01.2023, notice was directed to be served on the respondents. Respondents Nos.1 and 2 entered appearance through their learned counsel. The 1^st respondent has filed a counter affidavit.

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Heard the learned counsel appearing for the petitioner and the learned counsel appearing for respondent Nos.1 and 2.

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Wife of the petitioner Smt.Nayana is no more. The petitioner claims that the children have been living along with him at Ernakulam; whereas respondent Nos.1 and 2 filed O.P. (G&W) No.1051 of 2021 before the Family Court, Nedumangad, where they are residing. The petitioner has filed I.A.No.1 of 2022, Ext.P2 in that O.P. requiring the Family Court, Nedumangad to consider the question of jurisdiction at the earliest. His contention is that since the children are residing along with him at Ernakulam, the Family Court, Nedumangad has no jurisdiction to entertain that O.P. Respondent Nos.1 and 2 filed objection to that interlocutory application, which is Ext.P3. The grievance of the petitioner is

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O.P.(FC) No.52 of 2023

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that there occurs inordinate delay in considering Ext.P2 application.

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The learned counsel appearing for respondent Nos.1 and 2 would submit that whilst it is a fact that there occurred delay in disposing of Ext.P2 application, more anguishing aspect is that I.A.No.1 of 2021 filed by them before the Family Court seeking a direction to the petitioner herein to produce the children before the Family Court as early as in September, 2021, is still pending without passing any orders thereon.

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The learned counsel appearing for the petitioner on instructions from her counterpart, Advocate V.Suresh appearing for the petitioner before the Family Court, Nedumangad submitted that I.A.No.1 of 2021 was already dismissed for default.

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In view of such conflicting submissions, we have directed the Registry to get a report as to whether or not I.A.No.1 of 2021 in O.P.(G&W) No.1051 of 2021 is pending. It was reported that the said I.A. is pending and O.P.(G&W)

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O.P.(FC) No.52 of 2023

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No.1051 of 2021 as well as I.A.No.1 of 2021 stands posted to 10.02.2023.

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Considering the said facts and circumstances and also the submissions of the learned counsel on either side, we deem it appropriate to direct the Family Court, Nedumangad to consider both I.A.No.1 of 2021 and I.A.No.1 of 2022 in O.P. (G&W) No.1051 of 2021 on 10.02.2023 and to pass orders on those interlocutory applications in accordance with law within a period of three weeks. This Original Petition is disposed of accordingly.

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Registry shall send a copy of this judgment to the Family Court, Nedumangad forthwith.

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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.52 of 2023

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APPENDIX OF OP (FC) 52/2023

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PETITIONER EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE OP (G&W) NO. 1051/2021 PENDING ON THE FILE OF FAMILY COURT, NEDUMANGAD EXHIBIT P2 A TRUE COPY OF THE IA NO. 1/2022 IN OP (G&W) NO. 1051/2021 PENDING ON THE FAMILY COURT, NEDUMANGAD EXHIBIT P3 A TRUE COPY OF THE OBJECTION TO IA NO. 1/2022 IN OP (G&W) NO. 1051/2021 EXHIBIT P4 A TRUE COPY OF CERTIFICATE ISSUED FROM COCHIN REFINERIES SCHOOL, THIRUVANIYOOR, ERNAKULAM DATED 10.08.2022

Hari Krishnan v. S. Padmakumar

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Hari Krishnan v. S. Padmakumar

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