Sameesh M.S vs Sameesh M.S
2021 Latest Caselaw 2816 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                   &

               THE HONOURABLE MR. JUSTICE T.R.RAVI

      MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

                         OP (FC).No.57 OF 2021

  AGAINST THE ORDER DATED 5.1.2021 IN I.A.NO.1/2020 IN OP (G&W)
             NO.683/2020 OF THE FAMILY COURT, CHAVARA


PETITIONER/RESPONDENT:

             SAMEESH M.S.
             AGED 32 YEARS
             S/O.MR. MOHANAN PILLAI, RESIDING AT KADUVINAL
             KIZHAKKETHIL, MANNADY P.O., PATHANAMTHITTA DISTRICT
             691 530

             BY ADV. SRI.K.K.SETHUKUMAR

RESPONDENT/PETITIONER:

             CHIPPY V.S.
             AGED 25 YEARS
             D/O.VALSALAKUMARI, SREERAGAM, IVERKALANADUVIL,
             PUTHANAMBALAM, KUNNATHOOR, KOLLAM DIST. 691 553


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION           ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(FC)No.57 of 2021                    2




                                 JUDGMENT

Dated this the 25th day of January 2021

A.Muhamed Mustaque, J.

This Original Petition is filed challenging

the order of the Family Court, Chavara directing

the petitioner to produce the child before the

Family Court, Chavara on 8.1.2021. Thereafter, it

appears that the petitioner was given time to

produce the child on 27.1.2021. The petitioner

has raised objection to the order of the Family

Court contending that the child is suffering from

illness and also on the ground that the

respondent is not entitled to the custody of the

child.

2. The Family Court is yet to decide on

giving custody. The Family Court had only

directed to produce the child. Certainly, the

petitioner is entitled to raise all objections

before the Family Court.

In the above circumstances, we do not propose

to interfere with the order of the Family Court.

Hence, this Original Petition is dismissed

in limine.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                            T.R.RAVI

   pkk                                           JUDGE




                              APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE PETITION OP(G & W) NO.683/2020 PENDING BEFORE THE FAMILY COURT, CHAVARA.

EXHIBIT P2 TRUE PHOTOCOPY OF I.A.1/2020 IN OP(G & W) NO.683/2020 PENDING BEFORE THE FAMILY COURT, CHAVARA

EXHIBIT P3 TRUE PHOTOCOPY OF THE ORDER IN IA.1/2020 IN OP(G & W) NO.683/2020 DATED 5/1/2021

EXHIBIT P4 TRUE PHOTOCOPY OF THE ORDER IN IA.1/2020 IN OP(G & W) NO.683/2020 DATED 15/1/2021

EXHIBIT P5 TRUE COPY OF THE OBJECTION TO IA NO.1/2020 FILED BY THE COUNTER PETITIONER.

EXHIBIT P6 TRUE COPY OF THE MEDICAL RECORDS OF THE WARD

EXHIBIT P7 ORIGINAL PHOTOGRAPHS OF RESPONDENT POSTED IN HER FACE BOOK ACCOUNT ON 11/12/2020

//TRUE COPY//

SD/- P.S. TO JUDGE