Suraj vs Shini.S
2021 Latest Caselaw 6098 Ker

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OP (FC).No.226 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

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

                         OP (FC).No.226 OF 2019

   AGAINST THE ORDER/JUDGMENT IN IA 1911/18 in OP GW 1624/2017

  AND I.A 2814/17 IN OP GW 1624/17 OF FAMILY COURT,TRIVANDRUM


PETITIONER/S:

                SURAJ
                AGED 31 YEARS
                S/O. SURENDRAN, V.P. VI/466, VAISAKHAM, MERILAND
                GARDENS, PERUKAVU P.O., THIRUVANANTHAPURAM.

                BY ADVS.
                SRI.B.RENJITHKUMAR
                SMT.K.S.SAMEERA

RESPONDENT/S:

                SHINI.S.
                AGED 31 YEARS
                W/O. SURAJ, T.C.25/545, KJ BHAVAN, EAST THAMPANOOR
                GOVERNMENT PRESS P.O., PIN-695 001,
                THIRUVANANTHAPURAM PRESENTLY WORKING AS DDNMRC,
                THIRUVANANTHAPURAM-695 001.

                R1 BY ADV. SRI.VINOD.V (EDAPPUNATHIL)

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD              ON
19.2.2021, THE COURT ON 19-02-2021 DELIVERED THE FOLLOWING:
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OP (FC).No.226 OF 2019




           A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
               ======================
                    OP(FC) No.226 of 2019
               ======================
           Dated this the 19th day of February, 2021.

                               JUDGMENT

A.MUHAMED MUSTAQUE , J.

This original petition relates to the interim custody of the

child. The Family Court, Thiruvananthapuram passed an interim

order. The petitioner is not satisfied with that order. The

petitioner seeks modification of the order. The matter is

pending before the Family Court. The petitioner is given liberty

to raise all his contentions in regard to the custody of the child

before the Family Court at the time of final disposal of OP

No.1624/2017. With liberty as above, the original petition is

dismissed.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                               C.S.DIAS

SKS/19.2.2021                                   JUDGE

OP (FC).No.226 OF 2019




                             APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1               TRUE COPY OF THE ORDER DATED 16.1.2019 IN

I.A.NO.1911/2018 IN OP NO.1624/2017 IN THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPYOF THE ORDER DATED 3.4.2018 IN I.A. NO.2814/2017 IN OP (G&W) NO.1624/2017 IN THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM

RESPONDENT'S/S EXHIBITS:

EXHIBIT-R1-A TRUE COPY OF THE MEDICAL PRESCRIPTION DATED 23.06.2018 PROVIDED FROM TALUK HOSPITAL,FORT, THIRUVANANTHAPURAM.

EXHIBIT-R1-B TRUE COPY OF THE TREATMENT CERTIFICATE DATED 24.06.2018 PROVIDED BY SATHGAMAYA HOSPITAL.

EXHIBIT-R1-C TRUE COPY OF THE REVIEW PETITION DATED 26.06.2018

EXHIBIT-R1-D TRUE COPY OF PHOTOGRAPHS(6NOS) EVIDENCING THE ATTACK ON RESPONDENT BY PETITIONER AND HIS FAMILY MEMBERS.

EXHIBIT-R1-E TRUE COPY OF PROVISIONAL DISCHARGE SUMMARY DATED 02.09.2017 PROVIDED BY KIMS HOSPITAL, THIRUVANANTHAPURAM.

EXHIBIT-R1-F TRUE COPY OF THE FIR NO.1804 DATED 02.09.2017 REGISTERED BY THIRUVANANTHAPURAM MEDICAL COLLEGE POLICE STATION.

EXHIBIT-R1-G TRUE COPY OF THE POLICE COMPLAINT DATED 26.09.2017 FILED BY DR. ASWATHY BEFORE THE CIRCLE INSPECTOR OF POLICE, WOMENS CELL, THIRUVANANTHAPURAM 8

EXHIBIT-R1-H TRUE COPY OF RELEVANT PORTION OF NEWS ABOUT PETITIONERS BROTHER PUBLISHED IN KERALA KAUMUDI DATED 28.05.2013.