Allowed

Anjana Chandran v. Haneesh

Kerala HC16 Feb 2023OP (FC)/82/2023

Case brief

AI extract

What is this about?

This court exercised supervisory jurisdiction under Article 227 granting sole parental responsibility for a minor child to facilitate UK visa. Directions were issued to the Family Court to advance the hearing of an interlocutory application regarding a sole parental responsibility certificate by a specific date.

What did the court decide?

Directed the Family Court to advance the hearing of the application for sole parental responsibility certificate and pass a decision by 17.02.2023.

Anjana Chandran Vs Haneesh — 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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THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA,

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1944

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OP (FC) NO. 82 OF 2023

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FOR DIRECTION TO GRANT PETITIONER SOLE PARENTAL RESPONSIBILITY ON MINOR CHILD DEV HANEESH NAMBAEERAKATH AND/OR FOR A DIRECTION TO THE FAMILY COURT, THRISSUR TO PASS ORDERS IN I.A.NO.5 OF 2023 IN O.P.NO.485 OF 2023 ON THE FILE OF THE FAMILY COURT, KUNNAMKULAM

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PETITIONER/PETITIONER IN I.A./PETITIONER IN O.P:

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ANJANA CHANDRAN

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AGED 34 YEARS D/O.CHANDRAN, 'DARSANA,'THEKKUMURI P.O, THEKKUMURI DESOM, THRIKKANDIYOOR VILLAGE, TIROOR, MALAPPURAM, PIN- 676 105 REPRESENTED BY POWER OF ATTORNEY HOLDER HER FATHER, MR.CHANDRAN T.P, AGED 65 YEARS, S/O. T.P. KESAVAN, 'DARSANA', THEKKUMURI P.O, THEKKUMURI DESOM, THRIKKANDIYOOR VILLAGE, TIRUR, MALAPPURAM, PIN - 676105

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BY ADVS. A.PARVATHI MENON P.SANJAY BIJU MEENATTOOR PAUL VARGHESE (PALLATH) KIRAN NARAYANAN P.A.MOHAMMED ASLAM RAHUL RAJ P. PRASOON SUNNY AMRUTHA M. NAIR

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O.P.(FC) No.82 of 2023

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RESPONDENT/RESPONDENT IN I.A./RESPONDENT IN OP:

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HANEESH AGED 41 YEARS S/O.HARIDAS, NAMBIRAKATH HOUSE, GURUVAYOOR WEST NADA, CHAVAKKAD TALUK, GURUVAYOOR P.O, PIN - 680101 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 16.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(FC) No.82 of 2023

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JUDGMENT

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P.G. Ajithkumar, J.

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Mother of the child Dev Haneesh Hambeerakath, born on 03.07.2015 has filed this Original Petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. She seeks to issue an order granting sole parental responsibility of the child to the petitioner for the purpose of availing Visa to travel to United Kingdom or in the alternative to direct the Family Court, Thrissur to consider and pass orders on Ext.P6 application.

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The petitioner has filed Ext.P6, I.A.No.5 of 2023 in O.P.No.485 of 2023 before the Family Court, Kunnamkulam, seeking to issue sole legal responsibility certificate. O.P.No.485 of 2023 was originally filed before the Family Court, Thrissur. On the commencement of the Family Court, KUnnamkulam, it was transferred to that court. Since the Judge, Family Court, Thrissur is holding additional charge of the Family Court, Kunnamkulam, this matter was taken up for consideration by the Judge, Family Court, Thrissur.

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O.P.(FC) No.82 of 2023

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Considering the urgency, notice was directed to be served on the respondent by Special Messenger. The respondent is not available in station and he is abroad. On his instructions, his brother received notice. The respondent did not chose to appear before this Court.

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On 15.02.2023, the Registry was directed to call for a report from the Family Court, Thrissur regarding the present status of I.A.No.5 of 2023 (Ext.P6). The learned Judge reported that the said interlocutory application stands posted for filing counter of the respondent and hearing to 20.02.2023.

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Heard the learned counsel appearing for the

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petitioner.

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The petitioner holds a valid Visa of United Kingdom.

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She intends to take her minor child along with her for which Visa has to be obtained. Only if a sole parental responsibility certificate is produced, Visa of the child can be processed. The petitioner would point out that there is urgency in submitting the sole parental responsibility certificate, since there is time

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O.P.(FC) No.82 of 2023

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stipulations.

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Considering the fact that the matter is concerning welfare of the child, it is necessary to pass appropriate orders on Ext.P6 without any delay. In the circumstances, we dispose of this Original Petition and the Family Court, Thrissur is directed to advance the hearing of I.A.No.5 of 2023 in O.P.No.485 of 2023 (Ext.P6) on the file of the Family Court, Kunnamkulam and take a decision in accordance with law on 17.02.2023 itself, whether or not an objection is filed by the respondent.

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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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dkr

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O.P.(FC) No.82 of 2023

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APPENDIX OF OP (FC) 82/2023

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PETITIONER EXHIBITS

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Exhibit P-1 TRUE COPY OF OP 1957/2021 RENUMBERED AS OP 485/2023 ON THE FILE OF FAMILY COURT KUNNAMKULAM DATED 01.10.2021 Exhibit P-2 TRUE COPY OF AN E-MAIL RECEIVED BY THE PETITIONER DATED 2.4.2022 FROM THE RESPONDENT

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Exhibit P-3 TRUE COPY OF THE EMAIL DATED 03.02.2023 Exhibit P-4 TRUE COPY OF THE IA 4/2023 DATED 06.02.2023 Exhibit P-5 TRUE COPY OF IA 3/2023 DATED 06.02.2023 Exhibit P-6 TRUE COPY OF IA 5/2023 DATED 06.02.2023

Anjana Chandran v. Haneesh

Case brief

What is this about?

What did the court decide?

Anjana Chandran v. Haneesh

Case brief

What is this about?

What did the court decide?

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