Kerala High Court
Divya Unnikrishnan vs Sreekanth.K.S on 16 February, 2021
O.P.(FC).360 & 362/2018 1
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 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
OP (FC).No.362 OF 2018(R)
AGAINST THE ORDER/JUDGMENT IN OP 1441/2012 DATED 27-04-2018 OF
FAMILY COURT,ERNAKULAM
PETITIONER/S:
DIVYA UNNIKRISHNAN,
AGED 34, D/O.UNNIKRISHAN P.K., KARITHIKA,
VATTEKUNNAM, EDAPALLY NORTH P.O.,
KANAYANNUR TALUK, ERNAKULAM.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SRI.BRIJESH MOHAN
SMT.M.U.VIJAYALAKSHMI
RESPONDENT/S:
SREEKANTH.K.S,
AGED 38, S/O.SREEDHARA MENON, KOOTHERIL HOUSE,
KACHANIKODAM ROAD, KOCHAL, KOONAMMAVU P.O.,
ERNAKULAM, PIN-683 518.
R1 BY ADV. SMT.ANJU MARY
R1 BY ADV. SMT.KRIPA ELIZABETH MATHEWS
R1 BY ADV. SRI.PHILIP.N.JOSEPH
R1 BY ADV. SMT.P.F.ROSY
R1 BY ADV. SRI.V.M.SYAM KUMAR
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
16.02.2021, ALONG WITH OP (FC).360/2018(R), THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).360 & 362/2018 2
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 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
OP (FC).No.360 OF 2018
AGAINST THE ORDER/JUDGMENT IN OP 1441/2012 OF FAMILY
COURT,ERNAKULAM
PETITIONER/S:
DIVYA UNNIKRISHNAN,
AGED 34, D/O. UNNIKRISHNAN P.L, KARITHIKA,
VATTEKUNAM, EDAPALLY NORTH P.O,
KANAYANNUR TALUK, ERNAKULAM.
BY ADVS.
SRI.K.JAJU BABU (SR.)
KUM.NEETU VINOD
SMT.M.U.VIJAYALAKSHMI
RESPONDENT/S:
SREEKANTH.K.S,
AGED 38, S/O. SREEDHARA MENON,KOOTHERIL HOUSE,
KACHANIKODAM ROAD,KOCHAL,
KONNAMMAVU P.O, ERNAKULAM PIN 683 518.
R1 BY ADV. SMT.ANJU MARY
R1 BY ADV. SMT.KRIPA ELIZABETH MATHEWS
R1 BY ADV. SRI.PHILIP.N.JOSEPH
R1 BY ADV. SMT.P.F.ROSY
R1 BY ADV. SRI.V.M.SYAM KUMAR
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
16.02.2021, ALONG WITH OP (FC).362/2018(R), THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC).360 & 362/2018 3
JUDGMENT
[ OP (FC).362/2018, OP (FC).360/2018 ]
Dated this the 16th day of February, 2021
A.Muhamed Mustaque, J.
These matters arise from the two interlocutory
applications filed in O.P.No.350 of 2018 and in
O.P.No.1441/2012 on the file of the Family Court,
Ernakulam.
2. I.A.No.644 of 2018 was filed by the mother of
the child seeking permission to take the child to
Ahmedabad and I.A.No.666 of 2018 was filed by the
father seeking direction to restrain the mother from
taking the child to Ahmedabad.
3. I.A.No.644 of 2018 was dismissed and
I.A.No.666 of 2018 was allowed. It is challenging that
order the mother filed these two original petitions.
4. This Court on 06.07.2018 passed the following
order:
"There will be an interim stay against the
operation of Ext.P4 (common order passed by
Family Court, Ernakulam in I.A.No.644/2018
in O.P.No.1441/2012 and I.A.No.666/2018 in
O.P.No.350/2018) dated 27.04.2017 for a
period of one month. However, the
petitioner is restrained from taking the
minor child Gautham Krishna beyond the
territory of the State of Kerala until
further orders. It is also made clear that
the visitorial rights available to the
respondent as per earlier orders will
continue."
5. We are of the view that the above order shall
be maintained till the disposal of the original
petition before the Family Court. There is no scope
for varying this order at this distance of time.
With liberty to the petitioner to urge all the
contentions before the Family Court, these original
petitions are disposed of, in the light of the interim
order as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
JUDGE
APPENDIX OF OP (FC) 362/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MEDIATION AGREEMENT DATED
25.2.2015 ENTERED INTO BETWEEN THE
PETITIONER AND THE RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE I.A.NO.644/2018 IN
O.P.NO.1441/2012 BEFORE THE FAMILY COURT,
ERNAKULAM.
EXHIBIT P3 TRUE COPY OF THE I.A.NO.666/2018 IN
G.O.P.NO.350/2018 BEFORE THE FAMILY COURT,
ERNAKULAM.
EXHIBIT P4 CERTIFIED COPY OF THE COMMON ORDER DATED
27.4.2017 IN I.A.NO.666/2018 IN
O.P.NO.350/2018 OF THE FAMILY COURT,
ERNAKULAM.
EXHIBIT P5 TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT TO EXT. P2 I.A.NO.644/2018 IN
O.P.NO.1441/2012 BEFORE THE FAMILY COURT,
ERNAKULAM.
EXHIBIT P6 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER TO EXT.P3 I.A.NO.666/2018 IN
G.O.P.NO.350/2018 BEFORE THE FAMILY COURT,
ERNAKULAM.
APPENDIX OF OP (FC) 360/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MEDIATION AGREEMENT DATED
25-2-2015 ENTERED INTO BETWEEN THE
PETITIONER AND THE RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE I.A NO. 644/2018 IN O.P
NO. 1441/2012 BEFORE THE FAMILY COURT,
ERNAKULAM
EXHIBIT P3 TRUE COPY OF THE I.A NO. 666/2018 IN O.P
NO. 350/2018 BEFORE THE FAMILY COURT,
ERNAKULAM
EXHIBIT P4 CERTIFIED COPY OF THE COMMON ORDER DATED
27-04-2017 IN I.A NO. 666/2018 IN O.P NO.
350/2018 OF THE FAMILY COURT, ERNAKULAM.
