Anoja Melissa George vs Robin Jose
2021 Latest Caselaw 60 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

         THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                             &

            THE HONOURABLE MR. JUSTICE T.R.RAVI

  MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                  O.P.(FC).No.510 OF 2020

      AGAINST THE ORDER IN I.A. NO.914 OF 2020 IN O.P.
NO.2968/2019 OF THE FAMILY COURT, ERNAKULAM DATED 20.08.2020


PETITIONER/PETITIONER:

            ANOJA MELISSA GEORGE, AGED 33 YEARS, D/O.GEORGE,
            KADAVIL HOUSE, UDAYANAPURAM P.O., VAIKOM,
            KOTTAYAM 686 143, PRESENTLY RESIDING AT KADAVIL
            HOUSE, NEAR MARTHOMAN CHURCH, OPPOSITE SCHOOL
            GROUND, MULANTHURUTHY, ERNAKULAM - 682 314.

            BY ADVS.
            SRI.ROSHEN.D.ALEXANDER
            SMT.TINA ALEX THOMAS
            SHRI.HARIMOHAN

RESPONDENT/RESPONDENT:

            ROBIN JOSE, AGED 36 YEARS, S/O.JOSE SEBASTIAN,
            PRESENTLY RESIDING AT P.O.BOX NO.16931, JABEL
            ALI FREE ZONE, DUBAI, UAE, AND HAVING PERMANENT
            RESIDENCE AT VALUMANNEL HOUSE, 34/1243 A,
            ANCHUMANA TEMPLE, EDAPPALLY P.O.,
            KOCHI - 682 024.

            R1 BY ADV. SMT.SUMATHY DANDAPANI (SR.)
            R1 BY ADV. SMT.R.LEELA
            R1 BY ADV. SRI.MILLU DANDAPANI

     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(FC).No.510 OF 2020                 2




                                   JUDGMENT

Dated this the 4th day of January, 2021

K. Vinod Chandran, J.

Read our orders dated 15.12.2020,

17.12.2020 & 21.12.2020. Both the Counsel are

present before us along with the learned Senior

Counsel for the respondent. The children, after a

brief stay with the mother, have been brought back

to the father. Both the parties have filed O.P.

[Guardian & Wards] before the Family Court. We

were only concerned with the interim arrangement

as sought for during the Christmas vacation. We

hence leave the parties to agitate their cause

before the Family Court and we hope that the

parties will arrive at a mutual settlement to

ensure that the children are not unnecessarily

dragged to the Court. The impugned order is set

aside and we do not think any further directions

are required in the matter.

We hence close the original petition

leaving the Family Court to consider the issue on

merits.

Sd/-

K. VINOD CHANDRAN, Judge.

Sd/-

M.R. ANITHA, Judge.

//True Copy//

P.A. To Judge

sp/04/01/2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE O.P.NO.2968/2019 ON THE FILES OF FAMILY COURT, ERNAKULAM FILED BY PETITIONER'S HUSBAND SEEKING PERMANENT PROHIBITORY INJUNCTION

EXHIBIT P2 TRUE COPY OF THE I.A.NO.7366/2019 IN O.P.NO.2968/2019 ON THE FILES OF FAMILY COURT, ERNAKULAM

EXHIBIT P3 TRUE COPY OF THE PETITION IN O.P.NO.2968/2019 ON THE FILES OF FAMILY COURT, ERNAKULAM

EXHIBIT P4 TRUE COPY OF I.A.NO.914/2020 IN O.P.NO.2968/2019 DTD.17.1.2020

EXHIBIT P5 TRUE COPY OF THE OBJECTION DTD. 17.2.2020 TO EXT.P4 PETITION FOR INTERIM CUSTODY

EXHIBIT P6 TRUE COPY OF THE LIST OF DOCUMENTS DTD.

17.2.2020 FILED BY THE RESPONDENT IN I.A.NO.914/2020

EXHIBIT P7 TRUE COPY OF THE ORDER DTD. 20.2.2020 IN I.A.NO.914/2020 ISSUED BY THE FAMILY COURT, ERNAKULAM

EXHIBIT P8 TRUE COPY OF THE ORDER DTD. 20.8.2020 IN I.A.NO.914/2020 IN O.P.NO.2968/2019 ON THE FILES OF FAMILY COURT, ERNAKULAM

EXHIBIT P9 A TRUE COPY OF THE CERTIFIED COPY OF ORDER REFERRED AS CWC/IDK/OP NO.367/2020 DTD. 19.6.2020 IN FORM NO.19 ISSUED BY THE CHILD WELFARE COMMITTEE, IDUKKI ALONG WITH THE UNDERTAKING BY THE FATHER OF THE RESPONDENT UNDER RULE 32(23) PRODUCED BY THE COUNSEL FOR THE RESPONDENT BEFORE THE FAMILY COURT.

EXHIBIT P10 A TRUE COPY OF THE ORDER DTD. 11.12.2020 IN W.P.(C).NO.27640/2020