Joby @ Joseph vs Tina Alex
2021 Latest Caselaw 3776 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                   &

                   THE HONOURABLE MR.JUSTICE C.S.DIAS

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                         OP (FC).No.512 OF 2018

                AGAINST THE ORDER IN    I.A.No.337/2017 IN
           GOP 1043/2017 OF FAMILY COURT, MAVELIKKARA
                                 ------


PETITIONER/S:

                JOBY @ JOSEPH, AGED 40 YEARS, S/O.JOSEPH,
                NEDUMTHADATHIL HOUSE, VANNAPPURAM KARA,
                VANNAPPURAM VILLAGE, THODUPUZHA TALUK,
                IDUKKI DISTRICT.

                BY ADV. SRI.N.K.SHYJU

RESPONDENT/S:

                TINA ALEX, AGED 36 YEARS,
                W/O.JOBY @ JOSEPH, KADAMBASSERIL HOUSE,
                KOTTAKKATTUSSERI MURI, THAMARAKKULAM VILLAGE,
                MAVELIKKARA TALUK-690 530.


THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 02.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC).No.512/2018                       2




                                     JUDGMENT

Dated this the 2nd day of February 2021

A.Muhamed Mustaque, J.

The petitioner approached this Court in the

year 2018 seeking the following reliefs:

i. Issue an order directing to dispose interim application in GOP No.1043/2017 of Family Court, Mavelikkara and to get a direction to see the petitioner's children and interact with the children.

ii. Call for the records pursuant to Exhibit P1 pending before the Family Court, Mavelikkara in G.O.P.No.1043/2017.

2. It is to be noted that this original

petition is pending before this Court for more than

two years. There is no reason for us to assume that

the interim application has not been disposed of by

the Family Court at this distance of time. We also

do not find any reason to issue any direction for

disposal of such application. We, accordingly,

dismiss this Original Petition without prejudice to

the right of the petitioner to seek appropriate

relief before the Family Court itself, in

accordance with law.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE

ln

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE GOP NO.307/2017 WHICH WAS RE-NUMBERED AS GOP NO.1043/2017 PENDING BEFORE THE FAMILY COURT, MAVELIKKARA.

RESPONDENT'S EXHIBITS:NIL.

//TRUE COPY//

P.A.TO JUDGE