IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
OP (FC) NO. 365 OF 2022
AGAINST THE ORDER/JUDGMENT IN OPGW 356/2018 OF FAMILY COURT,
MAVELIKKARA
PETITIONERS:
1 DIVYA S MANOHAR, AGED 35 YEARS, D/O MANOHAR,
DEVI PALACE , THEKKU KOCHU MURI, KRISHNAPURAM VILLAGE.
KARTHIKAPPALLY TALUK, ALAPPUZHA.
NOW RESIDING AT O.NO. C164/N.NO.162, CHERAN COLONY,
THUDIYALUR, COIMBATORE, TAMIL NADU
PIN - 641 034.
2 KEDAAR SINU , AGED 11 YEARS, S/O SINU ANANDAN
DEVI PALACE , THAKKU KOCHU MURI, KRISHNAPURAM VILLAGE.
KARTHIKAPPALLY TALUK, ALAPPUZHA.
NOW RESIDING AT O.NO. C164/N.NO.162, CHERAN COLONY,
THUDIYALUR, COIMBATORE, TAMIL NADU
REPRESENTED BY HIS MOTHER, THE 1ST PETITIONER, PIN -
641034
BY ADVS.
BASIL CHANDY VAVACHAN
CHARUTHA BHAIJU
GEORGIE SIMON
BASIL SCARIA
FATHIMA SHALU S.
CHANDHANA BHAIJU
RESPONDENT:
SINU ANANDAN, AGED 39 YEARS, S/O ANANDAN, ANANDA
BHAVANAM, PUTHUPPALLI VADAKKU MURI, PUTHUPPALLI
VILLAGE, KARTHIKAPPALLY TALUK, KAYAMKULAM, ALAPPUZHA,
PIN - 690 527
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC) NO. 365 OF 2022
..2..
J U D G M E N T
A. Muhamed Mustaque, J The petitioner-mother filed an application i.e., I.A No.1 of 2021 in O.P (G&W) No.356 of 2018 to modify the order passed therein regarding the custody of the minor child born in the wedlock with the respondent. It appears that the respondent also filed O.P No.490 of 2020 before the same Court for injunction restraining the petitioner- mother from taking the child abroad. The petitioner- mother intends to take the child to Australia. The petitioner-mother approached this Court for an early disposal of I.A No.1 of 2021.
2. In view of the fact that the respondent also filed a petition to injunct the mother, it is appropriate that both cases are taken up together and dispose of in a time bound manner.
3. It is submitted that the petitioner-mother obtained a job in Australia and she has to leave India before 31.07.2022.
OP (FC) NO. 365 OF 2022 ..3..
4. Taking note of the peculiar circumstances of the case, we direct the Family Court to dispose of both the applications before 20.07.2022.
5. The petitioner shall serve a copy of this judgment on the learned counsel appearing for the respondent before the Family Court as well.
This original petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SOPHY THOMAS JUDGE PR OP (FC) NO. 365 OF 2022 ..4..
APPENDIX OF OP (FC) 365/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF IA NO. 1/2021 IN OP(G&W) 356/2018 OF FAMILY COURT, MAVELIKKARA Exhibit P2 THE TRUE COPY OF THE JUDGEMENT DATED 27-07-2018 IN OP(G&W) 356/2018 OF FAMILY COURT, MAVELIKKARA Exhibit P3 THE TRUE COPY OF THE JUDGEMENT DATED 17-8-2018 OF HONOURABLE FAMILY COURT, MAVELIKKARA IN OP(HMA) NO.1032/2018 Exhibit P4 THE TRUE COPY OF THE OP 490/2020 FILED BY THE RESPONDENT BEFORE THE HONOURABLE FAMILY COURT, MAVELIKKARA Exhibit P5 THE TRUE COPY OF IA NO.2/2021 IN OP(G&W) 356/2018 SEEKING SPEEDY DISPOSAL Exhibit P6 THE TRUE COPY OF THE OFFER LETTER RECEIVED BY THE 1ST PETITIONER FROM "HIGHTEC ENGINEERING PTY LTD COMPANY, AUSTRALIA"
Exhibit P7 THE TRUE COPY OF IA NO.9/2022 IN OP(G&W) 356/2018