Disposed

Ebin George C.A v. Leya Augustine

Kerala HC9 Apr 2024OP (FC)/246/2024

Case brief

AI extract

What is this about?

Father sought a direction to the Family Court, Ernakulam to consider his application for interim custody of the minor child filed under Section 12 of the Guardians and Wards Act in his guardianship petition. The High Court disposed of the petition directing the Family Court to pass orders on that application within two months.

What did the court decide?

Direction to Family Court, Ernakulam to decide I.A.No.1 of 2023 with notice to both parties within two months; notice to respondent dispensed with.

Ebin George C.A Vs Leya Augustine — Child Custody and Guardianship | Kerala HC (2024)

¶1

INTHEHIGHCOURTOFKERALAATERNAKULAM
PRESENT
THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
&

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THEHONOURABLEMR.JUSTICEP.M.MANOJ
TUESDAY,THE9THDAYOFAPRIL2024/20THCHAITHRA,1946
OP(FC)NO.246OF2024

¶3

AGAINSTTHEORDER/JUDGMENTDATEDINOPGWNO.624OF2022OF
FAMILYCOURT,ERNAKULAM

¶4

PETITIONER/S:

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EBINGEORGEC.A,AGED33YEARS
S/OALBYC.G.,CHITTEPPALLYHOUSE,KUMBALANGHI,C.K.
DHAMODHARANROAD,KUMBALANGHIP.O.,ERNAKULAMDISTRICT,
PIN-682007

¶6

BYADVS.
S.RENJITH
P.K.SREEVALSAKRISHNAN
S.UNNIKRISHNAN(NELLAD)
K.R.PRATHISH
KRISHNADAS
RAJANK.

¶7

RESPONDENT/S:

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LEYAAUGUSTINE,AGED26YEARS
D/OP.G.AUGISTINE,260-PADASSERY,KANNAMALY,
ANDIKKADAVUP.O.,ERNAKULAM,PIN-682008

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THISOP(FAMILYCOURT)HAVINGCOMEUPFORADMISSIONON
09.04.2024,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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OP(F.C) No.246 of 2024

¶12

JUDGMENT

¶13

P.M.Manoj, J.

¶14

The above original petition is preferred by the petitioner in O.P.(G&W)No.624 of 2022 before the Family Court Ernakulam for custody of the minor child - Albert Wayne C.E. and to declare the petitioner as the permanent guardian. The mother of the minor child is the respondent therein as well as in this original petition.

¶15

Sri.S.Ranjith, the learned counsel for the petitioner submitted

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that due to the disputes between the petitioner and the respondents, the respondent and her family members has denied the rights of the child to live with both the parents. The child has been forcibly taken from the custody of the petitioner and he is confined in the house of the respondent. Under such circumstances, the petitioner preferred O.P.(G&W) No.624 of 2022 before the Family Court, Ernakulam. During

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the pendency of the said original petition, the petitioner preferred an

¶18

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OP(F.C) No.246 of 2024

¶20

interlocutory application as I.A.No.1 of 2023 for an interim custody under Section 12 of the Guardians and Wards Act, 1960 read with Section with 7 (1) (g) of the Family Courts Act. The said application is produced along with this original petition as Ext.P2. It is further stated that the respondent has preferred MC No.148 of 2021 seeking arrears of maintenance. It is contended that the petitioner has been paying maintenance at the rate of Rs.10,000/- per month ad despite the same the child is kept away from the petitioner. It is on these assertions that

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this petition is filed seeking issuance of directions to the Family Court Ernakulam to consider and pass orders on Ext.P2 application.

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In the nature of the order that we propose to pass notice to the party respondent is dispensed with.

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4. Having regard to the facts and circumstances and the

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submissions advanced, this Original Petition is disposed of directing the Family Court, Ernakulam to take up I.A No.1 of 2023 and pass orders with notice to both parties, expeditiously, in any event within an outer time

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OP(F.C) No.246 of 2024

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frame of 2 months from the date of receipt of a copy of this judgment.

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sd/-

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RAJA VIJAYARAGHAVAN V

JUDGE

sd/-

P.M.MANOJ

JUDGE

das

OP(F.C) No.246 of 2024

¶37

APPENDIX OF OP (FC) 246/2024

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PETITIONER EXHIBITS

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ExhibitP1TRUECOPYOFTHEO.P(G&W)NO.624OF2022ON
THEFILESOFTHEFAMILYCOURT,ERNAKULAM
ExhibitP2TRUECOPYOFTHEI.ANO.1OF2023IN
O.P(G&W)NO.624OF2022FILEDBYTHE
PETITIONERBEFORETHEFAMILYCOURT,ERNAKULAM
DATED13.02.2023

Ebin George C.A v. Leya Augustine

Case brief

What is this about?

What did the court decide?

Ebin George C.A v. Leya Augustine

Case brief

What is this about?

What did the court decide?

What the court decided

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