Disposed

Nimmy Mohanan v. Sudeesh. P.P

Kerala HC8 Apr 2024OP (FC)/242/2024

Case brief

AI extract

What is this about?

High Court in original petition directed Family Court, Kottayam, to consider interim custody applications filed by petitioner expeditiously, dispensing with notice to respondent in view of urgency. Matter disposed of with date for further decision.

What did the court decide?

Ordered Family Court to consider P3 and P4 applications with notice to respondent and decide on or before 25.04.2024. Dispensed with notice to respondent.

Nimmy Mohanan Vs Sudeesh. P.P — Child Custody and Guardianship | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV

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THEHONOURABLEMR.JUSTICEP.M.MANOJ

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MONDAY,THE8THDAYOFAPRIL2024/19THCHAITHRA,1946

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OP(FC)NO.242OF2024

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OPGWNO.8OF2024OFFAMILYCOURT,KOTTAYAM

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PETITIONER/PETITIONER:

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NIMMYMOHANAN
AGED39YEARS
W/OSUDEESH.P.P,NITHYANIVAS,KURIANADP.O.,
KURICHITHANAMVILLAGE,MEENACHILTALUK,KOTTAYAMDISTRICT
686636
EMPLOYEDASSALESCO-ORDINATOR,TAJALMULOOQGENERAL
TRADINGLLC,PLOTNO.NB802,STREETNO.28B,ALQUOZ
INDUSTRIALAREA3,4THINTERCHANGE,BEHINDETAPROFILE-
DUBAI,UNITEDARABEMIRATES
REPRESENTEDBYHERFATHERANDPOWEROFATTORNEYHOLDER
K.G.MOHANAN,AGED68YEARS,S/O.LATEK.K.GOPALAN,
NITHYANIVAS,KURIANADP.O.,KURICHITHANAMVILLAGE,
MEENACHILTALUK,KOTTAYAMDISTRICT,PIN-686636

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BYADVS.
PHILIPT.VARGHESE
THOMAST.VARGHESE
ACHUSUBHAABRAHAM
V.T.LITHA
K.R.MONISHA
JIJOPAUL

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RESPONDENTS/RESPONDENT:

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SUDEESH.P.P
AGED42YEARS,S/OPUSHPANGATHANK.P,
PALANIKUMPARAMBILHOUSE,ONNAMTHURUTHUP.O.,
ATHIRAMPUZHAVILLAGE,KOTTAYAMDISTRICT,
PIN-686602

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THISOP(FAMILYCOURT)HAVINGCOMEUPFORADMISSION
ON08.04.2024,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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OP (FC) No.242 of 2024

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JUDGMENT

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Raja Vijayaraghavan, J.

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The petitioner is the petitioner in O.P.(G&W) No. 8 of 2024 on the files of the Family Court, Kottayam. The aforesaid petition has been filed seeking declaration of guardianship and permanent custody of her minor daughter.

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The petitioner states that she has preferred Ext.P3 application as early as on 03.01.2024 seeking interim custody of the minor child. She has also preferred Ext.P4 application seeking issuance of direction to the respondent to handover interim custody of the minor child along with the passport to enable the petitioner to take the child to Dubai and to keep the child with her till the end of May, 2024. According to the petitioner, if expeditious orders are not passed, the prayer sought for would become infructuous. It is further submitted that objection has been filed by the respondent to Ext.P4 application and the matter stands posted on 15.04.2024.

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The learned counsel for the petitioner submits that the petitioner would be satisfied if directions are issued to the Family Court to expeditiously consider Exts.P3 and P4 applications on 15.04.2024 or on a nearest date thereafter and take a decision

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In view of the order we propose to pass, notice to the party respondent is dispensed with.

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Having regard to the facts and circumstances and the submissions

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OP (FC) No.242 of 2024

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advanced, this Original Petition is disposed of directing the Family Court, Kottayam to consider Exts.P3 and P4 applications with notice to the respondent and take a decision expeditiously on or before 25.04.2024. The petitioner shall furnish a copy of this judgment to the respondent or his counsel forthwith so that any further delay can be avoided.

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sd/-

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RAJA VIJAYARAGHAVAN V JUDGE

sd/-

P.M.MANOJ JUDGE

DCS

OP (FC) No.242 of 2024

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APPENDIX OF OP (FC) 242/2024

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PETITIONER EXHIBITS

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ExhibitP1TRUECOPYOFTHEPOWEROFATTORNEY
EXECUTEDBYPETITIONERDATED09.01.2024
ExhibitP2TRUECOPYOFTHEPETITIONFILEDBYTHE
PETITIONERINO.P.(G&W)NO.8/2024
DATED03.01.2024
ExhibitP3TRUECOPYOFTHEPETITIONFILEDASI.A.
NO.3/2024INO.P(G&W)NO.8/2024
DATED03.01.2024

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ExhibitP4TRUECOPYOFTHEPETITIONFILEDASI.A.
NO.5/2024INO.P(G&W)NO.8/2024
DATED19.03.2024

Nimmy Mohanan v. Sudeesh. P.P

Case brief

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Nimmy Mohanan v. Sudeesh. P.P

Case brief

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