Ebin George C.a vs Leya Augustine

Type Court Judgment Court Kerala Decided Apr 09, 2024

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Citation: sooperkanoon.com/1322825
Court: Kerala High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V,Honourable Mr. Justice P.M.Manoj
Decided On: Apr 09, 2024
Case Number: OP (FC)/246/2024

Parties & Advocates

Appellant / Petitioner

Ebin George C.a

Respondent

Leya Augustine

Excerpt

.....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 this petition is filed seeking issuance of directions to the family court ernakulam to consider and pass orders on ext.p2 application.3. in the nature of the order that we propose to pass notice to the party respondent is dispensed with.4. having regard to the facts and circumstances and thesubmissions 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 frame of 2 months from the date of receipt of a copy of this judgment. sd/- raja vijayaraghavan v judge sd/- p.m.manoj judge das appendix of op (fc) 246/2024 petitioner exhibits exhibit p1 true copy of the o.p (g&w) no. 624 of 2022 on the files of the family court, ernakulam exhibit p2 true copy of the i.a no. 1 of 2023 ino.p(g&w) no. 624 of 2022 filed by the petitioner before the family court, ernakulam dated 13.02.2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V & THE HONOURABLE MR. JUSTICE P.M.MANOJ TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 OP (FC) NO. 246 OF 2024 AGAINST THE ORDER/JUDGMENT DATED IN OPGW NO.624 OF 2022 OF FAMILY COURT,ERNAKULAM PETITIONER/S: EBIN GEORGE C.A, AGED 33 YEARS S/O ALBY C.G., CHITTEPPALLY HOUSE, KUMBALANGHI, C. K. DHAMODHARAN ROAD, KUMBALANGHI P.O., ERNAKULAM DISTRICT, PIN - 682007 BY ADVS. S.RENJITH P.K.SREEVALSAKRISHNAN S.UNNIKRISHNAN (NELLAD) K.R.PRATHISH KRISHNA DAS RAJAN K. RESPONDENT/S: LEYA AUGUSTINE, AGED 26 YEARS D/O P.G.AUGISTINE, 260-PADASSERY, KANNAMALY, ANDIKKADAVU P.O., ERNAKULAM, PIN - 682008 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

P.M.Manoj, J.

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.

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

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 the pendency of the said original petition, the petitioner preferred an 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 this petition is filed seeking issuance of directions to the Family Court Ernakulam to consider and pass orders on Ext.P2 application.

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

4. Having regard to the facts and circumstances and the

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 frame of 2 months from the date of receipt of a copy of this judgment. sd/- RAJA VIJAYARAGHAVAN V JUDGE sd/- P.M.MANOJ JUDGE das APPENDIX OF OP (FC) 246/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE O.P (G&W) NO. 624 OF 2022 ON THE FILES OF THE FAMILY COURT, ERNAKULAM Exhibit P2 TRUE COPY OF THE I.A NO. 1 OF 2023 IN

O.P(G&W) NO. 624 OF 2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM DATED 13.02.2023

Same Court & Year Kerala · 2024 Same Parties Ebin George C.a vs Leya Augustine Same Judge Honourable Mr. Justice Raja Vijayaraghavan V,Honourable Mr. J...