Anil Kumar M V vs Dhanya T R
2021 Latest Caselaw 4356 Ker

                                  1
Con.Case(C).No.521 OF 2014

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                  &

                  THE HONOURABLE MR.JUSTICE C.S.DIAS

    FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                    Con.Case(C).No.521 OF 2014(S)

  AGAINST THE JUDGMENT IN Mat.Appeal. 435/2009 DATED 25.10.2013
                     OF THIS HON'BLE COURT.


PETITIONER/S:

                ANIL KUMAR M V
                AGED 42 YEARS
                S/O.BHAMA VISWAM, MELEBHAGATHU HOUSE, VELLA ROAD,
                MANGARA P.O., PALAKKAD DISTRICT.

                BY ADV. SRI.JOHNSON GOMEZ

RESPONDENT/S:

      1         DHANYA T R
                AGED 40 YEARS
                D/O.P.K.THAMPI, RADHA VILAS, VELLAPPALLIL LANE,
                KOTTAYAM P.O., KOTTAYAM DISTRICT - 686 001.

      2         P.K.THAMPI
                AGED 68 YEARS
                RADHA VILAS, VELLAPPALLIL LANE, KOTTAYAM P.O.,
                KOTTAYAM DISTRICT - 686 001.

      3         RAJAMMA
                AGED 64 YEARS
                W/O.P.K.THAMPI, RADHA VILAS, VELLAPPALLIL LANE,
                KOTTAYAM P.O., KOTTAYAM DISTRICT - 686 001.

                R1 BY ADV. SRI.G.S.REGHUNATH

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY
HEARD ON 05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                2
Con.Case(C).No.521 OF 2014




         A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
            ======================
             Cont.Case (C) No.521 of 2014
            ======================
         Dated this the 5th day of February, 2021.

                         JUDGMENT

A.MUHAMED MUSTAQUE , J.

This contempt case has arisen out of the Judgment of

this Court dated 25.10.2013 in Mat.Appeal No.435/2009.

The matter relates to the custody of the child. The judgment

itself states that the arrangement regarding custody will

continue till the child attains 18 years. Admittedly, the child

crossed the age of 18.

2. The present grievance of the petitioner is that the

respondent failed to comply with the directions in spite of

the judgment of this Court and therefore the respondent

should be proceeded for contempt.

3. The child along with mother appears to be residing

in Ireland. Now the petitioner seeks for details of the child

to contact him.

Con.Case(C).No.521 OF 2014

4. We are in exercise of the powers of this Court, may

not be able to come to the aid of the petitioner at this

distance of time for the simple reason that the child has

attained majority. We do not find any reason to retain this

contempt case as no purpose would be served as far as the

compliance of the directions concerned. In such

circumstances, we close the contempt case.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                            C.S.DIAS

SKS/5.2.2021                                 JUDGE

Con.Case(C).No.521 OF 2014


                               APPENDIX
PETITIONER'S/S EXHIBITS:

ANNEXURE A1              A TRUE COPY OF THE ORDER DATED 16TH MAY

2009 IN OP(GW) NO.1170 OF 2008 PASSED BY THE FAMILY COURT,KOTTAYAM AT ETTUMANOOR,

ANNEXURE A2 A CERTIFIED COPY OF THE JUDGMENT DATED 25TH OCTOBER 2013 IN MAT APPEAL NO.435 OF 2009 PASSED BY THIS HON'BLE COURT

ANNEXURE A3 A TRUE COPY OF THE JUDGMENT DATED 8TH NOVEMBER 2013 IN RP NO.892/2013 IN MAT APPEAL NO.435/2009

ANNEXURE A4 A TRUE COPY OF THE AFFIDAVIT DATED 16TH NOVEMBER 2013 FILED BY THE FIRST RESPONDENT

ANNEXURE A5 A TRUE COPY OF THE PRINTOUT OF THE EMAILS SENT IN THE MAIL ID FURNISHED BY THE FIRST RESPONDENT IN ANNEXURE A4 ON 16TH DECEMBER 2013 AT 5.09 P.M,17TH DECEMBER 2013 9.48 A.M,25TH FEBRUARY 2014 AT 1.27 P.M,10TH APRIL 2014 8.40 A.M

ANNEXURE A6 A TRUE COPY OF THE EMAIL CORRESPONDENCES BETWEEN THE PETITIONER AND THE SCHOOL MANAGAEMENT OF ASKEATON SENIOR SCHOOL RESPONDENTS' ANNEXURES

R1(A) - TRUE COPY OF THE AFFIDAVIT DATED 16.11.2013 FILED BY THE FIRST RESPONDENT IN G&w OP 1170/2008 ON THE FILE OF THE DISTRICT FAMILY COURT, KOTTAYAM AT ETTUMANOOR

R1(B)- TRUE COPY OF THE CERTIFICATE ISSUED BY THE ACTING PRINCIPAL OF ASKEATON SENIOR NATIONAL SCHOOL DATED 5.6.2014

R1(C)- TRUE COPY OF THE SCHOOL DIARY ISSUED TO DILROOP BY THE ASKEATON SENIOR NATIONAL SCHOOL

R1(D)- TRUE COPY OF THE ANNUAL REPORT CARD ISUED BY ASKEATON SENIOR NATIONAL SCHOOL