Aswathy. M. Nair vs Das @ Devadas

Type Court Judgment Court Kerala Orders Decided Mar 31, 2023

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Citation: sooperkanoon.com/1349704
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice P.G. Ajithkumar
Decided On: Mar 31, 2023
Case Number: OP (FC)/147/2023

Parties & Advocates

Appellant / Petitioner

Aswathy. M. Nair

Respondent

Das @ Devadas

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice anil k.narendran & the honourable mr.justice p.g. ajithkumar friday, the 31st day of march 2023/10th chaithra, 1945 op (fc) no. 147 of 2023 op(gw)no.1358 of 2021 on the file of the family court, kottayam petitioner/petitioner: aswathy. m. nair, aged 29 years d/o. mukundan, cherumuttath padinjarethil, neendoor p.o., kottayam, pin - 686601 by adv c.n.sameer respondents/respondents: 1 das @ devadas, aged 39 years kilipparayil, padirappattakarayil, padirappattu p.o., kozhikode, pin - 6735072 the chairperson child welfare committee, vellimadukunnu p.o., kozhikodu, pin - 673012 3 the chairperson child welfare committee, thiruvanchoor p.o., kottayam, pin - 686019 this op (family court) having come up for admission on 31.03.2023, the court on the same day delivered the following: o.p.(fc)no.147 of 2023judgmentanil k. narendran, j.the petitioner, who filed o.p.(g&w)1358 of 2021 before the family court, ettumanoor, seeking custody of the two minor female children, namely, amrutha lakshmi and aditya lakshmi aged 18 and 8 years respectively, has filed this original petition seeking an order of custody of the minor female children to the petitioner; and an order to the 3rd respondent for producing the children before this court on the next posting of the case.2. on 27.03.2023, when this original petition came up foradmission, after arguing for some time, the learned counsel for the petitioner sought time to address arguments on the maintainability of the reliefs sought for, in an original petition under article 227 of the constitution of india.3. today, when the matter is taken up for consideration,the learned counsel for the petitioner seeks permission to withdraw this original petition. recording the above submission made by the learned counsel for the petitioner, this original petition is dismissed as withdrawn. anil k. narendran, judge p.g. ajithkumar, judge av/1/4

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 31ST DAY OF MARCH 2023/10TH CHAITHRA, 1945 OP (FC) NO. 147 OF 2023 OP(GW)NO.1358 OF 2021 ON THE FILE OF THE FAMILY COURT, KOTTAYAM PETITIONER/PETITIONER: ASWATHY. M. NAIR, AGED 29 YEARS D/O. MUKUNDAN, CHERUMUTTATH PADINJARETHIL, NEENDOOR P.O., KOTTAYAM, PIN - 686601 BY ADV C.N.SAMEER RESPONDENTS/RESPONDENTS: 1 DAS @ DEVADAS, AGED 39 YEARS KILIPPARAYIL, PADIRAPPATTAKARAYIL, PADIRAPPATTU P.O., KOZHIKODE, PIN - 673507

2 THE CHAIRPERSON CHILD WELFARE COMMITTEE, VELLIMADUKUNNU P.O., KOZHIKODU, PIN - 673012 3 THE CHAIRPERSON CHILD WELFARE COMMITTEE, THIRUVANCHOOR P.O., KOTTAYAM, PIN - 686019 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(FC)No.147 of 2023

JUDGMENT

Anil K. Narendran, J.

The petitioner, who filed O.P.(G&W)1358 of 2021 before the Family Court, Ettumanoor, seeking custody of the two minor female children, namely, Amrutha Lakshmi and Aditya Lakshmi aged 18 and 8 years respectively, has filed this original petition seeking an order of custody of the minor female children to the petitioner; and an order to the 3rd respondent for producing the children before this Court on the next posting of the case.

2. On 27.03.2023, when this original petition came up for

admission, after arguing for some time, the learned counsel for the petitioner sought time to address arguments on the maintainability of the reliefs sought for, in an original petition under Article 227 of the Constitution of India.

3. Today, when the matter is taken up for consideration,

the learned counsel for the petitioner seeks permission to withdraw this original petition. Recording the above submission made by the learned counsel for the petitioner, this original petition is dismissed as withdrawn. ANIL K. NARENDRAN, JUDGE P.G. AJITHKUMAR, JUDGE AV/1/4

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