Sreevidya vs Anurak

Type Court Judgment Court Kerala Decided Aug 01, 2023

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Citation: sooperkanoon.com/1376844
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Justice Sophy Thomas
Decided On: Aug 01, 2023
Case Number: OP (FC)/460/2023

Parties & Advocates

Appellant / Petitioner

Sreevidya

Respondent

Anurak

Excerpt

.....following: op(fc)no.460 of 2023 2judgmenta.muhamed mustaque, j.the petitioner is the mother of the child born in the wedlock with the respondent. the father filed original petition before the family court seeking permanent custody of the child. the petitioner approached this court apprehending adverse orders as the family court insisted production of the child without allowing the petitioner to raise objection.2. in these circumstances, in the light ofnature of the order to be passed by us, we are of the view that the notice need not be issued to the respondent. if the family court has directed the petitioner to produce the child, there is nothing wrong with such an order. the family court can interact with the child and form an opinion. however, we make it clear that if an order of giving custodyof the child to the respondent is passed, that ordershall be issued to the petitioner and shall be enforced only after one week of issuing such order. op(fc)no.460 of 2023 3 with the above direction, the original petition is disposed of. a.muhamed mustaque sophy thomas mus op(fc)no.460 of 2023 4 appendix of op (fc) 460/2023 petitioner exhibits exhibit p1 petition filed by the respondent in o.p court, thrissur dated 27.06.2023 exhibit p2 affidavit filed by the respondent in o.p 1081/ 2023 on the file of family court, thrissur dated 14.07.2023 exhibit p3 true copy of the proceedings of the family court, thrissur on 14.07.2023 in o.p no.1081/2023 extracted from court's web site. exhibit p4 medical certificate issued by the doctor dated 18.07.2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 OP (FC) NO. 460 OF 2023 AGAINST THE ORDER/JUDGMENTOP 1081/2023 OF FAMILY COURT,THRISSUR PETITIONER/ RESPONDENT IN O.P & RESPONDENT IN I.A SREEVIDYA AGED 30 YEARS D/O LATE UNIKRISHNAN POOVATHUMKADAVIL HOUSE C/O. DEVAYANI SARATHCHANDRAN PATHATT HOUSE, KOTHAKULAM DESOM VALAPPAD VILLAGE, VALAPPAD P.O CHAVAKKAD TALUK, PIN - 680 567. BY ADV N.AJITH RESPONDENT/PETITIONER IN O.P & PETITIONER IN I.A ANURAK AGED 34 YEARS S/O. ANILKUMAR VANNERI HOUSE, ARIMPUR DESOM VELUTHUR VILLAGE, THRISSUR TALUK, PIN - 680 012. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(FC)No.460 of 2023 2

JUDGMENT

A.Muhamed Mustaque, J.

The petitioner is the mother of the child born in the wedlock with the respondent. The father filed original petition before the Family Court seeking permanent custody of the child. The Petitioner approached this Court apprehending adverse orders as the Family Court insisted production of the child without allowing the petitioner to raise objection.

2. In these circumstances, in the light of

nature of the order to be passed by us, we are of the view that the notice need not be issued to the respondent. If the Family Court has directed the petitioner to produce the child, there is nothing wrong with such an order. The Family Court can interact with the child and form an opinion. However, we make it clear that if an order of giving custody

of the child to the respondent is passed, that order

shall be issued to the petitioner and shall be enforced only after one week of issuing such order. OP(FC)No.460 of 2023 3 With the above direction, the Original Petition is disposed of. A.MUHAMED MUSTAQUE SOPHY THOMAS mus OP(FC)No.460 of 2023 4 APPENDIX OF OP (FC) 460/2023 PETITIONER EXHIBITS Exhibit P1 PETITION FILED BY THE RESPONDENT IN O.P COURT, THRISSUR DATED 27.06.2023 Exhibit P2 AFFIDAVIT FILED BY THE RESPONDENT IN O.P 1081/ 2023 ON THE FILE OF FAMILY COURT, THRISSUR DATED 14.07.2023 Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE FAMILY COURT, THRISSUR ON 14.07.2023 IN O.P NO.1081/2023 EXTRACTED FROM COURT'S WEB SITE. Exhibit P4 MEDICAL CERTIFICATE ISSUED BY THE DOCTOR DATED 18.07.2023

Same Court & Year Kerala · 2023 Same Parties Sreevidya vs Anurak Same Judge Honourable Mr. Justice a.Muhamed Mustaque,Honourable Mrs. Jus...