Full Judgment
OP (FC) 267 of 2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR & THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR TUESDAY, THE 30TH DAY OF APRIL 2019 / 10TH VAISAKHA, 1941 OP (FC).No. 267 of 2019 OP(G&W)NO.1810/2017 of FAMILY COURT,THIRUVANANTHAPURAM PETITIONER:
VINEETH C., AGED 38 YEARS S/O.LATE CHANDRASEKHARAN NAIR, RESIDING AT NIVEDYAM, TC 1/1716, KARIYAM, SREEKARIYAM.P.O., THIRUVANANTHAPURAM-695017 BY ADV. SRI.VINOD.V (EDAPPUNATHIL) RESPONDENT: MEENU.S. AGED 38 YEARS W/O.VINEETH, SANTHINI, TC.8/1391, ANRA B-30, PONGUMMOODU, MEDICAL COLLEGE PO., THIRUVANANTHAPURAM-695011. BY ADVS. SMT.M.SANTHY SRI.M.RAJENDRAN NAIR THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 30.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: OP (FC) 267 of 2019 2 P.B.SURESH KUMAR & T.V.ANILKUMAR, JJ. ----------------------------------------------- O.P.(FC) No.267 of 2019 ----------------------------------------------- Dated 30th April, 2019.
JUDGMENT
P.B.Suresh Kumar, J.
Heard the learned counsel for the petitioner as also the learned counsel for the respondent.
2. The grievance of the petitioner in the original petition
concerns the delay on the part of the Family Court, Thiruvananthapuram in passing orders on Ext.P16 application preferred by the petitioner in Ext.P12 original petition for interim custody of the ward referred to therein. In so far as the prayer made in the application was for interim custody of the ward during her vacation, it was obligatory for the Family Court to take appropriate decision on the application at the earliest point of time, as otherwise, the application would become infructuous. The original petition, in the circumstances, is disposed of directing the Family Court to take up and OP (FC) 267 of 2019 3 pass orders on Ext.P16 application, within ten days from today. The parties are directed to appear before the Family Court for the said purpose on 03.05.2019. Sd/- P.B.SURESH KUMAR JUDGE Sd/- T.V.ANILKUMAR JUDGE tgs OP (FC) 267 of 2019 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY PRINTOUT OF EMAIL COMMUNICATION BETWEEN THE PETITIONER AND RESPONDENT DATED 30.01.2015 EXHIBIT P2 TRUE COPY OF APPLICATION FORM FOR OBTAINING SCHOOL ADMISSION FOR THE CHILD EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 25.02.2015 ISSUED BY KENDRIYA VIDYALAYA SCHOOL, PATTOM EXHIBIT P3 TRUE COPY OF RECEIPT EVIDENCING PAYMENT OF EXHIBIT P3 A TRUE COPY OF RECEIPT EVIDENCING PAYMENT OF EXHIBIT P3 B TRUE COPY OF RECEIPT EVIDENCING PAYMENT OF EXHIBIT P3 C TRUE COPY OF RECEIPT EVIDENCING PAYMENT OF EXHIBIT P4 TRUE COPY OF THE PRINTOUT OF E-MAIL
COMMUNICATION DATED 11.08.2016 BETWEEN RESPONDENT AND PETITIONER WITH REGARDS TO DRAFTING AND TERMS AND CONDITIONS TO BE INCLUDED IN THE SETTLEMENT AGREEMENT AND MUTUAL DIVORCE PETITION EXHIBIT P5 TRUE COPY OF PRINTOUT OF E-EMAIL COMMUNICATION DATED 15.08.2016 IN RELATION TO THE CONDITIONS IN THE SETTLEMENT AGREEMENT AND MUTUAL DIVORCE PETITION EXHIBIT P6 TRUE COPY OF PRINTOUT OF E-MAIL COMMUNICATION DATED 16.08.2016 SENT BY RESPONDENT TO PETITIONER INSTRUCTING PETITIONER TO BRING PROOF OF IDENTIFICATION FOR SIGNING THE DOCUMENTS THE VERY NEXT DAY OF SENDING THE EMAIL
OP (FC) 267 of 2019 5 EXHIBIT P7 TRUE COPY OF THE MUTUAL DIVORCE PETITION O.P.NO.1664/2016 FILED BEFORE THE HON'BLE FAMILY, THIRUVANANTHAPURAM. EXHIBIT P8 TRUE COPY OF THE SETTLEMENT AGREEMENT DATED 19.08.2016 FILED ALONG WITH O.P.NO.1664/2016 EXHIBIT P9 TRUE COPY OF TERM DEPOSIT RECEIPT DATED 08.09.2016 AMOUNTING TO RS.10,00,000/- IN THE CHILD'S NAME EXHIBIT P10 TRUE COPY OF THE CHILD'S PASS BOOK FOR SBI BANK ACCOUNT NO.36070909890 EXHIBIT P10 A TRUE COPY OF THE BANK STATEMENT OF SBI BANK ACCOUNT NO.36070909890 FROM 07.09.2016 TO 16.04.2019 EXHIBIT P11 TRUE COPY OF LETTER DATED 18.09.2017 GIVEN TO THE SUB INSPECTOR OF POLICE, SREEKARYAM, THIRUVANANTHAPURAM. EXHIBIT P12 TRUE COPY OF PETITION O.P.(G AND W)NO.1810/2017 FILED BY PETITIONER BEFORE FAMILY COURT, THIRUVANANTHAPURAM. EXHIBIT P13 TRUE COPY OF COPY OF OBJECTION FILED BY RESPONDENT IN O.P.NO.(G AND W)NO.1810/2017 EXHIBIT P14 TRUE COPY OF ORDER OF HON'BLE FAMILY COURT, THIRUVANANTHAPURAM IN I.A.NO.4035/2017 IN OP(G AND W) NO.1810/2017 DATED 18.01.2019 EXHIBIT P15 TRUE COPY OF ADVANCEMENT APPLICATION I.A.NO.948/2019 IN O.P.(G & W)NO.1810/2017 EXHIBIT P16 TRUE COPY OF INTERLOCUTORY APPLICATION I.A.NO.949/2019 FOR INTERIM CUSTODY OF THE CHILD DURING SCHOOL SUMMER VACATION. EXHIBIT P17 TRUE COPY OF COUNTER FILED BY RESPONDENT IN I.A.NO.949/2019 EXHIBIT P18 TRUE COPY OF B-DIARY IN O.P.(G AND W)NO.1810/2017