Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 24TH DAY OF AUGUST 2023 / 2ND BHADRA, 1945 OP (FC) NO. 319 OF 2023 AGAINST THE ORDER/JUDGMENT OP 1537/2016 OF FAMILY COURT,THRISSUR PETITIONER DIVYA AGED 31 YEARS D/O SUKUMARAN, MONEKATTU HOUSE, KANNARA DESOM, NEAR COMPANYPADI, P O KANNARA, THRISSUR DISTRICT-680 652 REPRESENTED BY HER POWER OF ATTORNEY HOLDER AND HUSBAND SWAROOP NS, AGED 35, S/O SUDHARMAN, RESIDING IN THE ADDRESS GALAXY WINSTON, FLAT NO C-9, CHILAVANNUR ROAD, KADAVANTHRA P O, ERNAKULAM DISTRICT, PIN - 682020 BY ADVS. PRAVEEN K. JOY T.A.JOY(K/62-A/2009) E.S.SANEEJ(K-224/2014) M.P.UNNIKRISHNAN(K/293/2015) N.ABHILASH(K/000187/2017) DEEPU RAJAGOPAL(K/001444/2019) ARDRA ANIL(K/002924/2022) FATHIMA SHALU S.(K/2636/2021) ALBIN VARGHESE(K/000965/2022) ABISHA.E.R(K/001032/2023) ANUPAMA NAIR(K/001442/2023) RESPONDENT/PETITIONER AMITH AGED 37 YEARS S/O SOMAN, THANDASSERY HOUSE, PAZHUVIL WEST DESOM, KURUMBILAVU VILLAGE, PAZHUVIL P O WEST, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680564 BY ADVS. S. MUHAMMAD ALIKHAN M.R.VENUGOPAL DHANYA P.ASHOKAN THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 24.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 24th day of August, 2023 A.Muhamed Mustaque, J This Original Petition is filed seeking the following reliefs:
“I) Call for the records leading to Ext.P27 order
passed by the court below in I.A. No.18 of 2022 and in I.A. No.25 of 2023 in O.P. No.1537 of 2016 before the Family Court, Thrissur dated 27.03.2023, and may be pleased to set aside the same, in the interest of justice. ii) To exempt the petitioner from producing the translation of the documents in vernacular language.
2. We see that in the judgment of this Court in Mat. Appeal No.419 of 2021 and connected matters, the following directions were given:
“Accordingly, we dispose of these Original Petitions, Mat.Appeal and also I.A.No.2 of 2022 in O.P(FC) No.748 of 2022 in the following terms: i) Custody of the child, Adwaith will be given to the petitioner from 10.00 a.m on every Saturday till 2.00 p.m on the ensuing Sunday during the period when the petitioner is available in station. ii) Subject to the above, the custody of the child will continue to be governed by the stipulations in Ext.P1 as modified by the
order dated 22.04.2019 in I.A. No.3461 of 2018 for the time
being.
iii) The child shall not be taken abroad either by the petitioner or by the respondent without the permission of the Family Court, Thrissur; and iv) It is open for the parties to approach the Family Court for modification of the custody order, if there is real and genuine requirement on account of the change in the circumstances.”
3. It is appropriate for the Family Court to conclude this
matter at the earliest in view of the fact that the petitioner requires to process the visa of the minor child to take him to Canada. The petitioner is before us in person today.
4. We are of the view that the petitioner’s evidence shall
be concluded before 05.09.2023 and thereafter respondent’s shall also be allowed to adduce evidence and the matter be concluded within a further period of two months there on finally. The Original Petition is disposed of as above. Sd/- MUHAMED MUSTAQUE JUDGE Sd/- SOPHY THOMAS JUDGE smm APPENDIX OF OP (FC) 319/2023 PETITIONER EXHIBITS ExhibitP1 A TRUE COPY OF THE MEMORANDUM OF ORIGINAL PETITION FILED AS O P F C NO. 159 OF 2023 FILED DATED 29.03.2023 BEFORE THIS HON'BLE COURT ExhibitP2 A TRUE COPY OF THE JUDGMENT DELIVERED IN O P F C NO. 159 OF 2023 DATED 31.03.2023 ExhibitP3 A TRUE COPY OF THE COMMUNICATION
RECEIVED BY THE PETITIONER THROUGH THE AGENT EXPRESSING THE INTENTION BY THE VISA ISSUING AUTHORITY DATED 31.05.2023 Exhibit P4 TRUE PHOTOCOPY OF THE PETITION NUMBERED AS IA NO 26/2023 IN OP NO. THRISSUR