Allowed

Aswathi a. v. Dwipin v Nair

Kerala HC3 Apr 2024OP (FC)/184/2024

Case brief

AI extract

What is this about?

This writ petition sought directions to the Kozhikode Family Court to expedite disposal of pending applications related to appointments of guardianship. The High Court directed the family court to dispose of the pending applications within six weeks, finding the claims of delayed action were legitimate.

What did the court decide?

Directed Kozhikode Family Court to consider and pass orders on I.A. Nos. 9, 10, 18, and 19 of 2023 expeditiously within a time frame of 6 weeks.

Aswathi a. Vs Dwipin v Nair — Child Custody and Guardianship | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶3

¶4

THEHONOURABLEMR.JUSTICEP.M.MANOJ
WEDNESDAY,THE3RDDAYOFAPRIL2024/14THCHAITHRA,1946

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OP (FC) NO. 184 OF 2024

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OPNO.614OF2023OFFAMILYCOURT,KOZHIKODE

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PETITIONER/PETITIONER:

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ASWATHIA.
AGED34YEARS
D/OVENUGOPAL,FLATNO.4,NEWLIFEAPARTMENT,5TH
MILE,VELLIPARAMBUP.O.,MEDICALCOLLEGE,KOZHIKODE
DISTRICT,PIN-673008

¶9

BYADVS.
ADITHYARAJEEV
S.PARVATHI
SAFANAVAS

¶10

RESPONDENT/RESPONDENT:

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DWIPINVNAIR
AGED40YEARS
S/OVELAYUDHANNAIR,MUNNAS,6/2MILE,VELLIPARAMBA,
MEDICALCOLLEGEP.O,KOZHIKODEDISTRICT.,
PIN-673008

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THISOP(FAMILYCOURT)HAVINGCOMEUPFORADMISSIONON
03.04.2024,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:

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OP(FC) No.184 of 2024

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JUDGMENT

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Raja Vijayaraghavan, J.

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The petitioner herein is the petitioner is O.P No.614 of 2023 on the

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file of the Family Court, Kozhikode, which petition was filed seeking to appoint her as guardian of the minor child and for consequential reliefs.

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The grievance of the petitioner in this Original Petition is that

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the respondent is refusing to comply with the directions issued by the Court. It is on these assertions that this writ petition is filed seeking the following reliefs:

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i. To direct the Family Court, Kozhikode to expeditiously initiate proceedings against the Respondent as contemplated under Section 45 of the Guardian and Wards Act for continuously violating the directions issued Exts P5 and P9 orders of the Family Court.

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ii. To direct the Family Court, Kozhikode to expeditiously consider I.A. No. 9 of 2023 in O.P. No. 614 of 2023, within a time frame as may be prescribed by this Hon’ble Court;

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iii. To direct the Family Court, Kozhikode to expeditiously consider I.A. No. 10 of 2023 in O.P. No. 614 of 2023, within a time frame as may be prescribed by this Hon’ble Court;

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iv. To direct the Family Court, Kozhikode to expeditiously consider I.A. No. 18 of 2023 in O.P. No. 614 of 2023, within a time frame as may be prescribed by this Hon’ble Court;

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OP(FC) No.184 of 2024

¶26

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v. To direct the Family Court, Kozhikode to expeditiously consider I.A. No. 19 of 2023 in O.P. No. 614 of 2023, within a time frame as may be prescribed by this Hon’ble Court

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We find that the petitioner has already preferred I.A

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Nos.9,10,18 and 19 of 2023 before the Family Court and those applications are pending. We are of the view, necessary directions can be issued to the Family Court to consider the applications and take a decision expeditiously.

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Having regard to the facts, the Family Court, Kozhikode is directed to take up I.A Nos.9,10,18 and 19 of 2023 registered and pending on the files of the said court and pass appropriate orders expeditiously, in any event, within an outer time frame of 6 weeks.

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This Original Petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V, JUDGE

Sd/-

P.M.MANOJ JUDGE

IAP

OP(FC) No.184 of 2024

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APPENDIX OF OP (FC) 184/2024

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PETITIONER’SEXHIBITS:

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Exhibit-P1ATRUECOPYOFO.PNO.614OF2023BEFORE
THEFAMILYCOURTKOZHIKODEDATED18.04.2023
Exhibit-P2ATRUECOPYOFTHEPETITIONANDAFFIDAVIT
INIANO.2/2023INO.P.NO.614OF2023
BEFORETHEFAMILYCOURTKOZHIKODEDATED
18.04.2023
Exhibit-P3ATRUECOPYOFTHECOUNTERSTATEMENTINIA
NO.2OF2023INO.P.NO.614OF2023BEFORE
THEFAMILYCOURT,KOZHIKODEDATED
27.04.2023
Exhibit-P4ATRUECOPYOFTHEAFFIDAVITALONGWITH
PETITIONDATED19.06.2023INI.ANO.7OF
2023INO.P.NO.614OF2023BEFORETHE
FAMILYCOURT,KOZHIKODE
Exhibit-P5ATRUECOPYOFTHEORDERINI.ANO.7OF
2023INO.P.NO.614OF2023OFTHEFAMILY
COURTKOZHIKODEDATED05.07.2023
Exhibit-P6ATRUECOPYOFTHEAFFIDAVITALONGWITHTHE
PETITIONDATED15.07.2023INI.A.NO.9OF
2023INO.P.NO.614OF2023BEFORETHE
FAMILYCOURT,KOZHIKODE
Exhibit-P7ATRUECOPYOFTHEAFFIDAVITALONGWITHTHE
PETITIONDATED19.08.2023INI.A.NO.10OF
2023INO.P.NO.614OF2023BEFORETHE
FAMILYCOURTKOZHIKODE

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OP(FC) No.184 of 2024

¶43

¶44

Exhibit-P8ATRUECOPYOFTHEAFFIDAVITDATED
11.09.2023INI.ANO.15OF2023INO.PNO.
614OF2023BEFORETHEFAMILYCOURT
KOZHIKODE
Exhibit-P9ATRUECOPYOFTHEORDERINI.ANO.15OF
2023INO.PNO.614OF2023OFTHEFAMILY
COURTKOZHIKODEDATED20.09.2023
Exhibit-P10ATRUECOPYOFTHESTATEMENTDATED
30.09.2023FILEDBYTHEPETITIONERINO.P.
NO.614OF2023BEFORETHEFAMILYCOURT,
KOZHIKODE
Exhibit-P11ATRUECOPYOFTHEAFFIDAVITALONGWITHTHE
PETITIONDATED20.10.2023INI.A.NO.18OF
2023INO.P.NO.614OF2023BEFORETHE
FAMILYCOURT,KOZHIKODE
Exhibit-P12ATRUECOPYOFTHECOUNTERSTATEMENTFILED
BYTHERESPONDENTINI.A.NO.18OF2023IN
O.PNO.614OF2023DATED16.11.2023BEFORE
THEFAMILYCOURT,KOZHIKODE
Exhibit-P13ATRUECOPYOFTHESTATEMENTDATED
25.11.2023FILEDBYTHEPETITIONERINO.P.
NO.614OF2023BEFORETHEFAMILYCOURT,
KOZHIKODE
Exhibit-P14ATRUECOPYOFTHEAFFIDAVITALONGWITHTHE
PETITIONDATED16.12.2023INI.ANO.19OF
2023INO.P.NO.614OF2023BEFORETHE
FAMILYCOURT,KOZHIKODE
Exhibit-P15ATRUECOPYOFTHEONLINECASESTATUSIN
O.P.NO.614OF2023OFTHEFAMILYCOURT
KOZHIKODE,ASAVAILABLEINTHEOFFICIAL
WEBSITEOFTHEDISTRICTCOURTS(E-COURTS)

Aswathi a. v. Dwipin v Nair

Case brief

What is this about?

What did the court decide?

Aswathi a. v. Dwipin v Nair

Case brief

What is this about?

What did the court decide?

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