Kerala High Court
OP (FC)/703/2016 of RADHYA MERI PRIYADARSHINI Vs K.A.JOHN SIMIL on 30 December 2016
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938 OP (FC).No. 703 of 2016 (R) ---------------------------- (GOP.648/14 BEFORE FAMILY COURT, THRISSUR) PETITIONER(S):
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938
OP (FC).No. 703 of 2016 (R) ---------------------------- (GOP.648/14 BEFORE FAMILY COURT, THRISSUR)
PETITIONER(S):-------------
RADHYA MERI PRIYADARSHINI AGED 31 YEARS, DAUGHTER OF MR. K.J.RAPHY, KANNAMPUHA HOUSE, THRISSUR EAST (PO), THRISSUR DISTRICT, PIIN 680001
BY ADVS.SRI.SHAJI CHIRAYATH SMT.JIJI M. VARKEY SMT.SAVITHA GANAPATHIYATAN SRI.M.M.SHAJAHAN
RESPONDENT(S):
--------------
K.A.JOHN SIMIL AGED 36 YEARS, SON OF MR. AUGUSTINE K.G., KANDAMPARAMBU, ERAMALLU (PO), CHERTHALA, ALAPPUZHA DISTRICT, PIN 682022
R1 BY ADV. SRI.BINOY VASUDEVAN R1 BY ADV. SMT.K.J.ANITHA
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON30-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No. 703 of 2016 (R)
----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------EXHIBIT P1 COPY OF THE JUDGMENT IN GOP NO. 648/2014 ON THE FILES OFTHE FAMILY COURT, THRISSUR
EXHIBIT P2 COPY OF JUDGMENT IN ORIGINAL PETITION (FAMILY COURT) NO.438/2015 ON THE FILES THIS HON'BLE COURT
EXHIBIT P3 TRUE COPY OF COMMON ORDER IN THE EXECUTION APPLICATIONNO. 148/2006 IN EXECUTION PETITION NO. 57/2016 AND INTERLOCUTORYAPPLICATION NO. 1581/2016 IN GOP NO. 648/2016
EXHIBIT P4 TRUE COPY OF EXECUTION PETITION NO. 176/2016 IN GOP648/2014 ON THE FILES OF FAMILY COURT, THRISSUR
RESPONDENT(S)' EXHIBITS
-----------------------
EXHIBIT R1(a): COPY OF O.P(FC)NO.477/16 WITHOUT EXHIBITS.
EXHIBIT R1(b): COPY OF I.A.NO.1033/2016 IN O.P.(F.C)189/2016.
EXHIBIT R1(c): COPY OF JUDGMENT IN W.P(C).NO.3459/2016.
EXHIBIT R1(d): COPY OF COMMON ORDER IN E.A.NO.148/2016 ANDI.A.NO.1581/2016 RENDERED BY THE FAMILY COURT, THRISSUR.
EXHIBIT R1(e): COPY OF O.P.NO.213/2015 PREFERRED BEFORE THE FAMILYCOURT, THRISSUR.
/TRUE COPY/
PS TO JUDGE
A.M. SHAFFIQUE & ANU SIVARAMAN, JJ.
----------------------------------------------- O.P(F.C).No. 703 of 2016
----------------------------------------------- Dated this the 30[th] December, 2016
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JUDGMENT
Shaffique, J.
The original petition has been filed seeking the following relief:
“For these and other grounds urged at the time of hearingthis Hon'ble Court may please tod irect the Family Court ofThrissur to consider Execution Petition No.176 of 2016 in GuardianOP.No.648 of 2014 and pass orders as expeditiously as possible atany rate before 29[th] December, 2016 in interest of justice.”
2. The petitioner submits that though the application was filed,no steps have been taken by the Family Court for an early disposal. InExhibit P4, E.P.No.176 of 2016, the petitioner had sought for handingover the custody of her minor girl Amalya Mary John during the last fivedays of Onam, Christmas vacations and also during the entire month ofApril as well as during Pooja holidays etc. It is apparent from thepleadings itself that the execution petition was filed only on20.12.2016. In other words, sufficient time was not given for the FamilyCourt to pass appropriate orders.
3. Counter affidavit has been filed by the respondent inter aliacontending that in an earlier instance, when custody was granted tothe petitioner, the respondent had filed an original petition before thisCourt and the matter remains stayed in O.P(F.C).No.189 of 2016. That OP(FC).703/16
apart, a similar application had been dismissed and custody of thechild was sought for during Onam holidays.
4. Be that as it may, when an execution petition is filed beforethe Family Court seeking custody of the child, it is for the Family Courtto consider the application in accordance with the procedureprescribed. Since the relief sought for has almost become infructuous,we are of the view that interest of justice will be served, if the followingdirection is issued.
5. The Family Court, Thrissur shall consider Exhibit P4 E.P.No.176of 2016 and pass appropriate orders within a period of one month fromthe date of receipt of a copy of this judgment.
The original petition is disposed of as above.
A.M.SHAFFIQUE, JUDGE
ANU SIVARAMAN, JUDGE
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