Aneesh L.S vs Nikhilsha J.S
2021 Latest Caselaw 16739 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
 WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                     OP (FC) NO. 406 OF 2021
  IA 2/2021 IN OP 1445/2019 OF FAMILY COURT, NEDUMANGAD,
PETITIONER/PETITIONER:

          ANEESH L.S.
          AGED 33 YEARS
          S/O.STEPHAN, KAMALA COTTAGE, DALUMUGHAM, THUDALI,
          THIRUVANANTHAPURAM - 695 125, REPRESENTED BY HIS
          POWER OF ATTORNEY HOLDER STEPHAN, S/O.PONNAYYAN,
          AGED 66 YEARS, KAMALA COTTAGE, DALUMUGHAM,
          THUDALI, THIRUVANANTHAPURAM - 695125.

          BY ADV LATHEESH SEBASTIAN



RESPONDENT/RESPONDENT:

          NIKHILSHA J.S.
          AGED 26 YEARS
          D/O.JOSE, PLAVILA PUTHEN VEEDU, ANJUMRAGALA,
          VELLARADA P.O., THIRUVANANTHAPURAM DISTRICT - 695
          505.


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
11.08.2021,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(FC).No.406/2021

                                      -:2:-



                                    JUDGMENT

Dated this the 11th day of August, 2021

A.Muhamed Mustaque, J.

The petitioner has approached this Court with the following reliefs:

"1. Call for the entire records leading to Ext.P1 to P5 from the Family Court, Nedumangad;

2. Issue a direction to the Family Court, Nedumangad to issue carbon copy of the order dated 5.8.2021 in IA No.2/2021 in op No.1445/2019 as expeditiously as possible within a time limit fixed by this Hon'ble Court by exercising the Supervisory Jurisdiction of this Hon'ble Court under Article 227 of the Constitution of India;

3. Issue a direction to the Family Court, Nedumangad to adjourn the proceedings for a reasonable period after issuing carbon copy of the order dated 5.8.2021 in I.A No.2/2021 in OP No.1445/2019 to enable the petitioner to challenge order dated 5.8.2021 in I.A.No.2/2021 in OP No.1445/2019 by exercising the Supervisory Jurisdiction of this Hon'ble Court under Article 227 of the Constitution of India."

2. If the petitioner had applied for the carbon copy or certified

copy of the order, it shall be issued to the petitioner at the earliest, at any O.P.(FC).No.406/2021

rate, within two weeks from the date of receipt of a copy of this judgment.

Till the issuance of the carbon copy or certified copy as the case may be, all

further proceedings in the original petition before the Family Court shall be

deferred.

The original petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp True copy

P.A. To Judge O.P.(FC).No.406/2021

APPENDIX OF OP (FC) 406/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORIGINAL PETITION IN OP NO.1445/2019 OF FAMILY COURT, NEDUMANGAD.

Exhibit P2 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER IN FAVOUR OF HIS FATHER ON 13/11/2019.

Exhibit P3 TRUE COPY OF THE PETITION IN I.A.NO.2/2021 IN O.P.NO.1445/2019 OF FAMILY COURT, NEDUMANGAD.

Exhibit P4 TRUE COPY OF THE OBJECTION TO EXT.P3 PETITION FILED BY THE RESPONDENT.

Exhibit P5 TRUE COPY OF THE CARBON COPY APPLICATION DATED 06/08/2021.