IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
OP (FC).No.13 OF 2021
AGAINST THE ORDER/JUDGMENT IN I.A.NO.5348/2020 IN OP(G&W)
2211/2020 OF FAMILY COURT,ERNAKULAM
PETITIONER/PETITIONER:
JANCY FRANCIS
AGED 54 YEARS
W/O. FRANCIS, MALIYEKKAL HOUSE, K. CHAPPATH POST,
ANAVILASAM, IDUKKI DISTRICT.
BY ADV. SMT.SHIBA M SAMUEL
RESPONDENT/RESPONDENT:
EMMANUEL DAISON JOHN, AGED 34 YEARS,
S/O. JOHN THARIYATH, SKYLINE APARTMENT, ERNAKULAM,
ERNAKULAM DISTRICT.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No.13 OF 2021
2
JUDGMENT
Dated this the 6th day of January 2021 M.R. Anitha, J.
This O.P.(F.C.) has been filed in I.A.No.5348/2020 in O.P.(G&W) No.2211/2020 on the file of the Family Court, Ernakulam. Petitioner is the grandmother of the minor twin children aged 4 years.
2. The petitioner's daughter married the respondent on 10.11.2012. The daughter of the petitioner is no more. Though she died after six years of marriage, the daughter of the petitioner and the respondent lived together only around four years. Presently, the respondent had remarried a north-Indian divorced lady having a daughter aged about 13 years. Some other allegations regarding the monetary transaction of the respondent with respect to availment of the loan for the construction of the house etc. are averred in the petition. Since all those averments are extraneous for the disposal of this petition, we are not referring to those matters.
3. I.A.No.5348/2020 has been filed seeking for interim custody of the minor children. At the time of argument, the learned counsel for the petitioner submitted that a baptism ceremony is going OP (FC).No.13 OF 2021 3 to be conducted in their house and on that occasion the presence of the minor children are very much necessary. All the family members will have an opportunity to see the children. It is further submitted by the learned counsel that none of the petitions are taken up for hearing before the Family Court and hence ends of justice demands that an interim order granting at least a short term custody of the minors to be given to the petitioner.
4. On perusing Ext.P1, which is the copy of I.A.No.5348/2020, filed by the petitioner in O.P.(G&W)No. 2211/2020 it could be seen that, it has been filed on 01.01.2021 and this O.P. has been filed before this Court on 06.01.2021 itself. So we do not find any bonafides in the submission of the learned counsel that Family Court is not taking up petitions for hearing. Hence we don't find any justifiable reason to entertain this original petition by this court. It is open for the petitioner to approach the Family Court for the appropriate relief if any. Original petition is disposed accordingly.
Sd/-
K.VINOD CHANDRAN JUDGE Sd/-
M.R.ANITHA
SHG JUDGE
OP (FC).No.13 OF 2021
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE IA NO. 5348/2020 IN OP
(G AND W), NO.2211/2020 BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM.
EXHIBIT P2 THE INVITATION CARD OF THE BAPTISM CEREMONY HELD ON 09.01.2021.