Baiju Balachandran, vs Deepa Devan

Type Court Judgment Court Kerala Orders Decided Mar 04, 2024

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https://sooperkanoon.com/case/1283866

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Citation: sooperkanoon.com/1283866
Court: Kerala Orders High Court
Judge: Honourable Mrs. Justice Anu Sivaraman,Honourable Mr. Justice C.Pratheep Kumar
Decided On: Mar 04, 2024
Case Number: OP (FC)/1/2024
Subject: FERA

Case Summary

AI-generated summary - not the official court judgment text.

FERA

Key legal issue: FERA

Parties & Advocates

Appellant / Petitioner

Baiju Balachandran,

Respondent

Deepa Devan

Excerpt

.....2024anu sivaraman, j.it is submitted by the learned counsel appearing on either side that, pursuant to the interim order dated 08.02.2024, the matter was referred to mediation but could not be settled in mediation.2. it is submitted by the learned counsel appearing for therespondent that, as directed in the interim order, the mother has opened an account in the name of the child with the mother as the guardian and the details of the account are handed over to the learned counsel for the petitioner.3. the learned counsel appearing for the petitioner submits that inview of the fact that the mediation could not produce results, the op(fc) may be permitted to be dismissed as withdrawn. this op(fc) is dismissed as withdrawn. however, the petitioner shall take steps to see that maintenance ordered is deposited in the account of the child. in case of changed circumstances, it will be open to the petitioner to approach the family court for modification of theorder relating to interim custody.anu sivaraman c. pratheep kumar np appendix of op (fc) 1/2024 petitioner’s exhibits exhibit -p1 a copy of o.p. 2132/22 before the family court, ernakulamexhibit -p2 a copy of i.a. 6/23 in o.p. 2132/22 before exhibit -p3 a copy of counter in i.a. 6/23 in o.p. exhibit -p4 a copy of order dated 19/7/23 in i.a. 6/23 ino.p. 2132/22 before the family 'court,exhibit -p5 a copy of i.a. 10/23 in o.p. 2132/22 before exhibit -p6 a copy of objection to i.a. 10/23 in o.p. exhibit -p7 a copy of order dated 5/10/23 in i.a. 10/23in o.p. 2132/22 before the family court, respondent’s exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN & THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 OP (FC) NO. 1 OF 2024 AGAINST THE ORDER/JUDGMENT DATED 05.10.2023 IN OP NO.2132 OF 2022 OF FAMILY COURT,THRISSUR PETITIONER: BAIJU BALACHANDRAN, AGED 47 YEARS S/O. D.BALACHANDRAN, PUTHUSSERIL HOUSE, ATHANI WEST, KOONAMMAVU.P.O. NORTH PARAVUR TALUK, ERNAKULAM DISTRICT, PIN - 683518 SANTHOSH P.PODUVAL R.RAJITHA CHITHRA S.BABU RESPONDENT: DEEPA DEVAN ELANJIKKAL HOUSE, CHERANALLOOR VILLAGE, KARSHAKA ROAD VADUTHALA, ERNAKULAM DISTRICT, PIN - 682023 SHAJI THANKAPPAN SUBIN K SUDHEER(K/000891/2017) AMAL BABY(K/001616/2023) AJAY GOPAL(K/001549/2023) THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 4th day of March, 2024

Anu Sivaraman, J.

It is submitted by the learned counsel appearing on either side that, pursuant to the interim order dated 08.02.2024, the matter was referred to mediation but could not be settled in mediation.

2. It is submitted by the learned counsel appearing for the

respondent that, as directed in the interim order, the mother has opened an account in the name of the child with the mother as the guardian and the details of the account are handed over to the learned counsel for the petitioner.

3. The learned counsel appearing for the petitioner submits that in

view of the fact that the mediation could not produce results, the OP(FC) may be permitted to be dismissed as withdrawn. This OP(FC) is dismissed as withdrawn. However, the petitioner shall take steps to see that maintenance ordered is deposited in the account of the child. In case of changed circumstances, it will be open to the petitioner to approach the Family Court for modification of the

order relating to interim custody.

ANU SIVARAMAN C. PRATHEEP KUMAR NP APPENDIX OF OP (FC) 1/2024 PETITIONER’S EXHIBITS EXHIBIT -P1 A COPY OF O.P. 2132/22 BEFORE THE FAMILY COURT, ERNAKULAM

EXHIBIT -P2           A COPY OF I.A. 6/23 IN O.P. 2132/22 BEFORE
EXHIBIT -P3           A COPY OF COUNTER IN I.A. 6/23 IN O.P.
EXHIBIT -P4           A COPY OF ORDER DATED 19/7/23 IN I.A. 6/23 IN

O.P. 2132/22 BEFORE THE FAMILY 'COURT,

EXHIBIT -P5           A COPY OF I.A. 10/23 IN O.P. 2132/22 BEFORE
EXHIBIT -P6           A COPY OF OBJECTION TO I.A. 10/23 IN O.P.
EXHIBIT -P7           A COPY OF ORDER DATED 5/10/23 IN I.A. 10/23

IN O.P. 2132/22 BEFORE THE FAMILY COURT, RESPONDENT’S EXHIBITS: NIL

Same Court & Year Kerala Orders · 2024 Same Parties Baiju Balachandran, vs Deepa Devan Same Subject FERA Same Judge Honourable Mrs. Justice Anu Sivaraman,Honourable Mr. Justice ...