Kerala High Court
Mrs.Swapna Meriyl Ninan vs Mr.Johncy Jacob George on 11 February, 2021
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OP (FC).No.241 OF 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
OP (FC).No.241 OF 2019
AGAINST THE ORDER/JUDGMENT IN I.A.1490/2019 IN OP 2654/2018
DATED 03-04-2019 OF FAMILY COURT,ERNAKULAM DATED 3.4.2019
PETITIONER/S:
MRS.SWAPNA MERIYL NINAN
AGED 37 YEARS
D/O.KORUTHU NINAN,KIZHAKKE MATTACKAL
HOUSE,KOIPURAM.P.O,NOW RESIDING AT FLAT
NO.1B,HEAVENLY CITY,ADARSHA NAGAR
ROAD,KAKKANAD,ERNAKULAM DISTRICT,
PIN-682037.
BY ADVS.
SMT.P.P.STELLA
SRI.BIJIMON C.CHERIAN
RESPONDENT/S:
MR.JOHNCY JACOB GEORGE
S/O DR.N.GEORGE JACOB,FLAT NO.1B,
HEAVENLY CITY,ADARSHA NAGAR ROAD,
KAKKANAD,ERNAKULAM DISTRICT,
PIN-682037,NOW RESIDING AT FLAT NO.A4,HEAVENLY
SUITES,PADAMUGHAL,
THRIKKAKARA.P.O,ERNAKULAM DISTRICT,
PIN-682030.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 11-02-
2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (FC).No.241 OF 2019
A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
======================
OP(FC) No.241 of 2019
======================
Dated this the 11th day of February, 2021.
JUDGMENT
A.MUHAMED MUSTAQUE , J.
This original petition was filed in the year 2019,
challenging Ext P11 order. The short order reads thus:
No objection filed for respondent. In view of the order in IA
5111/2018 dated 2.2.2019, petition allowed as prayed.
2. The above order was passed pursuant to an
application, i.e., I.A No.5111/2018 in OP 2654/2018 filed by
the respondent herein. In that application, the Family Court
ordered the petitioner herein to give custody of the children
on every second and fourth Saturday from 10 a.m to 5 p.m
to the respondent herein. The respondent also was given
custody of the children for five days each during Onam and
Christmas holidays and half of summer vacation.
3. We do not find any reason to interfere with this
order at this distance of time. It is to be noted that there was
OP (FC).No.241 OF 2019
no stay in the matter. The matter itself might have become
ripe for disposal. The petitioner is free to urge any grounds
available for modification of the impugned order before the
Family Court while passing final order. With liberty as
above, the original petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
SKS/11.2.2021 JUDGE
OP (FC).No.241 OF 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF I.A.NO.5111/2018 FILED BY
RESPONDENT BEFORE THE FAMILY COURT,ERNAKULAM IN
O.P.NO.2654/2018 23.11.2018.
EXHIBIT P2 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY
PETITIONER IN I.A.NO.5111/2018 IN
O.P.NO.2654/2018 OF FAMILY COURT,ERNAKULAM DTED
02.02.2019.
EXHIBIT P3 TRUE COPY OF THE CERTIFIED COPY OF ORDER IN
I.A.NO.5111/2018 IN O.P.NO.3654/2018 OF FAMILY
COURT,ERNAKULAM DATED 02.02.2019.
EXHIBIT P4 TRUE COPY OF THE PRESCRIPTION ISSUED TO THE
RESPONDENT FROM THE KIMS
HOSPITAL,THIRUVANANTHAPURAM DATED NIL
EXHIBIT P5 TRUE COPY OF I.A.1490/2019 O.P.NO.2654/2018 OF
FAMILY COURT,ERNAKULAM DATED 20.03.2019 FILED
BY THE RESPONDENT
EXHIBIT P6 TRUE COPY OF THE NOTICE ISSUED IN
I.A.NO.1489/2019 IN O.P.N0.2654/2018 OF FAMILY
COURT,ERNAKULAM,DATED NIL.
EXHIBIT P6A TRUE COPY OF THE NOTICE ISSUED IN
I.A.NO.1490/2019 IIN O.P.NO.2654/2018 OF FAMILY
COURT,ERNAKULAM,DATED NIL.
EXHIBIT P7 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE
PETITIONER IN I.A.NO.1490/2019 IN
O.P.NO.2654/2018 OF FAMILY COURT,ERNAKULAM
DATED 30.03.2019.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 29.12.2018 PASSED
BY JUDICIAL FIRST CLASS MAGISTRATE
COURT,KAKKANAD IN CRL.M.P.NO.7890/2018 IN
M.C.NO.98/2018.
EXHIBIT P9 TRUE COPY OF THE PRESCRIPTION DATED 08.03.2019
ISSUED BY DR.JOHN JOSEPH TO THE PETITIONER.
EXHIBIT P10 TRUE COPY OF I.A.NO.1786/2019 IN
O.P.NO.2654/2018 OF FAMILY COURT, ERNAKULAM
DATED 30.03.2019 FILED BY THE PETITIONER.
EXHIBIT P11 TRUE COPY OF THE CARBON COPY OF ORDER DATED
03.04.2019 PASSED IN I.A.NO.1490/29018 IN
O.P.NO.2654/2018 BY THE FAMILY COURT,ERNAKULAM.
