Jancy Francis vs Emmanuel Daison John
2021 Latest Caselaw 357 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                   &

              THE HONOURABLE MRS. JUSTICE M.R.ANITHA

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                         OP (FC).No.13 OF 2021

    AGAINST THE ORDER/JUDGMENT IN I.A.NO.5348/2020 IN OP(G&W)
               2211/2020 OF FAMILY COURT,ERNAKULAM


PETITIONER/PETITIONER:

             JANCY FRANCIS
             AGED 54 YEARS
             W/O. FRANCIS, MALIYEKKAL HOUSE, K. CHAPPATH POST,
             ANAVILASAM, IDUKKI DISTRICT.

             BY ADV. SMT.SHIBA M SAMUEL

RESPONDENT/RESPONDENT:

             EMMANUEL DAISON JOHN, AGED 34 YEARS,
             S/O. JOHN THARIYATH, SKYLINE APARTMENT, ERNAKULAM,
             ERNAKULAM DISTRICT.


       THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
  06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC).No.13 OF 2021

                                    2




                             JUDGMENT

Dated this the 6th day of January 2021

M.R. Anitha, J.

This O.P.(F.C.) has been filed in I.A.No.5348/2020 in O.P.(G&W)

No.2211/2020 on the file of the Family Court, Ernakulam. Petitioner

is the grandmother of the minor twin children aged 4 years.

2. The petitioner's daughter married the respondent on

10.11.2012. The daughter of the petitioner is no more. Though she

died after six years of marriage, the daughter of the petitioner and

the respondent lived together only around four years. Presently, the

respondent had remarried a north-Indian divorced lady having a

daughter aged about 13 years. Some other allegations regarding the

monetary transaction of the respondent with respect to availment of

the loan for the construction of the house etc. are averred in the

petition. Since all those averments are extraneous for the disposal of

this petition, we are not referring to those matters.

3. I.A.No.5348/2020 has been filed seeking for interim

custody of the minor children. At the time of argument, the learned

counsel for the petitioner submitted that a baptism ceremony is going OP (FC).No.13 OF 2021

to be conducted in their house and on that occasion the presence of

the minor children are very much necessary. All the family members

will have an opportunity to see the children. It is further submitted

by the learned counsel that none of the petitions are taken up for

hearing before the Family Court and hence ends of justice demands

that an interim order granting at least a short term custody of the

minors to be given to the petitioner.

4. On perusing Ext.P1, which is the copy of I.A.No.5348/2020,

filed by the petitioner in O.P.(G&W)No. 2211/2020 it could be seen

that, it has been filed on 01.01.2021 and this O.P. has been filed

before this Court on 06.01.2021 itself. So we do not find any

bonafides in the submission of the learned counsel that Family Court

is not taking up petitions for hearing. Hence we don't find any

justifiable reason to entertain this original petition by this court. It is

open for the petitioner to approach the Family Court for the

appropriate relief if any. Original petition is disposed accordingly.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

                                                M.R.ANITHA

SHG                                                JUDGE
 OP (FC).No.13 OF 2021





                            APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1              THE TRUE COPY OF THE IA NO. 5348/2020 IN OP

(G AND W), NO.2211/2020 BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM.

EXHIBIT P2 THE INVITATION CARD OF THE BAPTISM CEREMONY HELD ON 09.01.2021.