IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
O.P.(FC).No.510 OF 2020
AGAINST THE ORDER IN I.A. NO.914 OF 2020 IN O.P.
NO.2968/2019 OF THE FAMILY COURT, ERNAKULAM DATED 20.08.2020
PETITIONER/PETITIONER:
ANOJA MELISSA GEORGE, AGED 33 YEARS, D/O.GEORGE,
KADAVIL HOUSE, UDAYANAPURAM P.O., VAIKOM,
KOTTAYAM 686 143, PRESENTLY RESIDING AT KADAVIL
HOUSE, NEAR MARTHOMAN CHURCH, OPPOSITE SCHOOL
GROUND, MULANTHURUTHY, ERNAKULAM - 682 314.
BY ADVS.
SRI.ROSHEN.D.ALEXANDER
SMT.TINA ALEX THOMAS
SHRI.HARIMOHAN
RESPONDENT/RESPONDENT:
ROBIN JOSE, AGED 36 YEARS, S/O.JOSE SEBASTIAN,
PRESENTLY RESIDING AT P.O.BOX NO.16931, JABEL
ALI FREE ZONE, DUBAI, UAE, AND HAVING PERMANENT
RESIDENCE AT VALUMANNEL HOUSE, 34/1243 A,
ANCHUMANA TEMPLE, EDAPPALLY P.O.,
KOCHI - 682 024.
R1 BY ADV. SMT.SUMATHY DANDAPANI (SR.)
R1 BY ADV. SMT.R.LEELA
R1 BY ADV. SRI.MILLU DANDAPANI
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(FC).No.510 OF 2020 2
JUDGMENT
Dated this the 4th day of January, 2021 K. Vinod Chandran, J.
Read our orders dated 15.12.2020, 17.12.2020 & 21.12.2020. Both the Counsel are present before us along with the learned Senior Counsel for the respondent. The children, after a brief stay with the mother, have been brought back to the father. Both the parties have filed O.P. [Guardian & Wards] before the Family Court. We were only concerned with the interim arrangement as sought for during the Christmas vacation. We hence leave the parties to agitate their cause before the Family Court and we hope that the parties will arrive at a mutual settlement to ensure that the children are not unnecessarily dragged to the Court. The impugned order is set O.P.(FC).No.510 OF 2020 3 aside and we do not think any further directions are required in the matter.
We hence close the original petition leaving the Family Court to consider the issue on merits.
Sd/-
K. VINOD CHANDRAN, Judge.
Sd/-
M.R. ANITHA, Judge.
//True Copy// P.A. To Judge sp/04/01/2021 O.P.(FC).No.510 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE O.P.NO.2968/2019 ON THE FILES OF FAMILY COURT, ERNAKULAM FILED BY PETITIONER'S HUSBAND SEEKING PERMANENT PROHIBITORY INJUNCTION EXHIBIT P2 TRUE COPY OF THE I.A.NO.7366/2019 IN O.P.NO.2968/2019 ON THE FILES OF FAMILY COURT, ERNAKULAM EXHIBIT P3 TRUE COPY OF THE PETITION IN O.P.NO.2968/2019 ON THE FILES OF FAMILY COURT, ERNAKULAM EXHIBIT P4 TRUE COPY OF I.A.NO.914/2020 IN O.P.NO.2968/2019 DTD.17.1.2020 EXHIBIT P5 TRUE COPY OF THE OBJECTION DTD. 17.2.2020 TO EXT.P4 PETITION FOR INTERIM CUSTODY EXHIBIT P6 TRUE COPY OF THE LIST OF DOCUMENTS DTD.
17.2.2020 FILED BY THE RESPONDENT IN I.A.NO.914/2020 EXHIBIT P7 TRUE COPY OF THE ORDER DTD. 20.2.2020 IN I.A.NO.914/2020 ISSUED BY THE FAMILY COURT, ERNAKULAM EXHIBIT P8 TRUE COPY OF THE ORDER DTD. 20.8.2020 IN I.A.NO.914/2020 IN O.P.NO.2968/2019 ON THE FILES OF FAMILY COURT, ERNAKULAM EXHIBIT P9 A TRUE COPY OF THE CERTIFIED COPY OF ORDER REFERRED AS CWC/IDK/OP NO.367/2020 DTD. 19.6.2020 IN FORM NO.19 ISSUED BY THE CHILD WELFARE COMMITTEE, IDUKKI ALONG WITH THE UNDERTAKING BY THE FATHER OF THE RESPONDENT UNDER RULE 32(23) PRODUCED BY THE COUNSEL FOR THE RESPONDENT BEFORE THE FAMILY COURT. O.P.(FC).No.510 OF 2020 5 EXHIBIT P10 A TRUE COPY OF THE ORDER DTD. 11.12.2020 IN W.P.(C).NO.27640/2020