Binu T.S. vs Riya Martin
2021 Latest Caselaw 6325 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                 &

              THE HONOURABLE MR.JUSTICE C.S.DIAS

  MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA,
                           1942

                    OP (FC).No.234 OF 2019

  AGAINST THE ORDER/JUDGMENT IN GOP 339/2019 OF FAMILY
                    COURT,ERNAKULAM


PETITIONER:

              BINU T.S., AGED 34 YEARS, S/O.SEBASTIAN,
              THUNDATHIL HOUSE, VENNALA, VENNALA P.O.,
              ERNAKULAM DISTRICT, PIN - 682 028.

              BY ADVS.
              E.D.GEORGE
              KUM.LINU G. NATH

RESPONDENT:

              RIYA MARTIN, D/O.SHAJI, AGED 24 YEARS,
              PATTTHUPARAMBIL, CHOTTANIKKARA P.O., KUREEKAD,
              UDHYAKAVALA, UDHAYA NAGAR, PRATHIBHA HOUSE,
              PIN - 682 312.


     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
22-02-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.234 OF 2019

                                ..2..


                             JUDGMENT

Dated this the 22nd day of February 2021

A.Muhamed Mustaque, J

The original petition was filed in the year

2019, seeking the following reliefs:

"(i) To pass an order or direction, directing the Family Court, Ernakulam not to grant custody of the child to the mother of the child.

(ii) To pass any other order or direction that this Hon'ble Court may deem fit, just and necessary in the facts and circumstances of the case."

At the outset, we must say that such a relief

cannot be granted invoking Article 227 of the

Constitution of India. The petitioner is free to

raise all contentions in regard to the interim

custody of the child before the Family Court. With

liberty as above, the original petition is

dismissed.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE

PR OP (FC).No.234 OF 2019

..3..

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE PALARIVATTOM POLICE STATION.

EXHIBIT P2 TRUE COPY OF THE PHOTOS, WHICH SHE HAS PUT IN HER FACE BOOK.

EXHIBIT P3 TRUE COPY OF THE PETITION FOR DIVORCE IN O.P.NO.429 OF 2019 FILED BY THE RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE G.O.P.339/19 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM.