Prashobha K.P vs Biji N.K
2021 Latest Caselaw 6057 Ker

O.P.(FC).742/2019                   1

              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 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

                          OP (FC).No.742 OF 2019

  AGAINST THE ORDER/JUDGMENT IN OPGW 311/2014 OF FAMILY COURT,
                           THIRUVALLA


PETITIONER/S:

                PRASHOBHA K.P.,
                AGED 38 YEARS,
                D/O.K.P.PRABHAKARAN, PRASANTH BHAVAN,
                KARACKAD MURI, MULAKUZHA VILLAGE,
                CHENGANNUR TALUK.

                BY ADV. SRI.LAVARAJ M.G.

RESPONDENT/S:

                BIJI N.K.,
                AGED 44 YEARS,
                S/O.KARUNAKARAN, BIJI BHAVAN, PALIYEKKARA P.O.,
                THIRUVALLA TALUK, THIRUVALLA, PIN-689 101.


     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
     19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
     FOLLOWING:
 O.P.(FC).742/2019                       2




                                  JUDGMENT

Dated this the 19th day of February, 2021

A.Muhamed Mustaque, J.

This original petition was filed challenging

an interim order regarding custody of the child in

O.P.(G&W).No.311/2014 of the Family Court, Thiruvalla. This order is dated 05.10.2019.

2. This Court on 17.02.2021, called for a

report from the Family Court as to the status of

the above original petition. The office report

shows that original petition itself was disposed on

29.02.2020 by an ex parte decree. It is also

reported before this Court that petitioner herein

had filed application to set aside the ex parte

decree dated 29.02.2020 and that is posted for

objection on 20.03.2021. In such circumstances, we

are of the view that the remedy of the petitioner

to seek before the Family Court to set aside ex

parte decree. The interim order already issued is now merged with the final order passed. Therefore,

this Court cannot interfere at this stage with such

an order. Accordingly, the original petition is

disposed of, reserving liberty to the petitioner to

pursue his remedy before the Family Court.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

C.S.DIAS JUDGE DG

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER IN IA 509/2018 IN OP(G & W) NO.311/2014 DATED 11.01.2019.

EXHIBIT P2 TRUE COPY OF THE ORDER IN IN 123/2019 OP(G & W) NO.311/2014 DATED 13.10.2019.