IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
OP (FC) NO. 269 OF 2022
AGAINST THE ORDER/JUDGMENT IN OP 747/2018 OF FAMILY
COURT, TIRUR
PETITIONER:
DR. SHEENA P, AGED 36 YEARS, D/O KUMARAN,
KARTHIKA, PACHEERI HOUSE, HIGH SCHOOL ROAD,
VALANCHERY, VALANCHERY (PO), KATTIPPARUTHI
VILLAGE, MALAPPURAM DISTRICT, PIN - 676 552
BY ADV N.J.ASHWIN
RESPONDENT:
K.B. PRAN, AGED 46 YEARS, S/O BALAKRISHNAN,
KOTTARAPPATT HOUSE, AKKIKKAVU AMSOM, AKKIKKAVU
(PO) AKATHIYUR VILLAGE, THRISSUR DISTRICT, PIN
- 680 519
BY ADV R.UMASANKAR
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (FC) NO. 269 OF 2022
..2..
J U D G M E N T
A. Muhamed Mustaque, J This original petition was filed challenging an order to change the venue fixed to visit the child. There has been an agreement between the parties in regard to the visitation right given to the respondent-father. There arose a dispute regarding the venue. Thereupon, the respondent-father filed a petition before the Family Court, Tirur. The Family Court, Tirur, on noting the concession given by the counsel for the petitioner-mother, changed the venue to the premises of the Family Court, Tirur. This order is under challenge.
According to the petitioner-mother, she neither agreed nor authorised any counsel to change the venue fixed for handing over the child and therefore, the order is patently illegal. We are, invoking Article 227 of the constitution of India, not in a position to consider the above plea. The petitioner-mother OP (FC) NO. 269 OF 2022 ..3..
can very well move the Family Court seeking review of the the order. With the liberty as above, this original petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SOPHY THOMAS JUDGE PR OP (FC) NO. 269 OF 2022 ..4..
APPENDIX OF OP (FC) 269/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE JOINT STATEMENT FILED BY BOTH THE PARTIES IS PRODUCED AND MARKED AS EXHIBIT-P1 Exhibit P2 THE TRUE COPY OF THE ORDER PASSED BY THE FAMILY COURT IN OP 747/2018 TIRUR Exhibit P3 TRUE COPY OF THE ORDER IN IA 2/2022 IN OP 747/2018 Exhibit4 TRUE COPY OF THE PETITION IN IA 6/2022 IN OP 747/2018 Exhibit P5 TRUE COPY OF THE ORDER IN IA 6/2022 IN OP 747/2018