Jayan I.S vs Priyanka
2021 Latest Caselaw 15768 Ker

OP (FC) No.379/2021                         1/4

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                            &
                       THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
               Friday, the 30th day of July 2021 / 8th Sravana, 1943
                            OP (FC) NO. 379 OF 2021(R)
   PETITIONER/RESPONDENT:

           JAYAN I.S., AGED 46 YEARS, SON OF SASIDHARAN,
           RESIDING AT INDIRALAYAM, KANJIRACODE, MULAVANA P.O.,
           KOLLAM DISTRICT, PIN-691 503.

   RESPONDENT/PETITIONER:

           PRIYANKA, AGED 30 YEARS, DAUGHTER OF SHIVASUTHAN,
           RESIDING AT PRATHEEKSHA, EDAVATTOM, KARUVELI P.O.,
           PAVITHRESHAN VILLAGE, KOTTARAKKARA TALUK,
           KOLLAM DISTRICT-691 505.


          OP (Family Court) praying inter alia that in the circumstances

   stated in the affidavit filed along with the OP (FC) the High Court be

   pleased to direct the respondent to hand over the custody of the minor

   wards Priyadarsh and Jayadarsh to the petitioner, pending disposal of the

   Original Petition.



          This petition coming on for admission upon perusing the petition and

   the affidavit filed in support of OP (FC) and upon hearing the arguments

   of M/S.JOHNSON GOMEZ, S.BIJU (KIZHAKKANELA), SANJAY JOHNSON, VIJAYKRISHNAN

   S.MENON, JOHN GOMEZ & SANJITH JOHNSON, Advocates for the petitioner, the

   court passed the following:

                                                           P.T.O.
 OP (FC) No.379/2021                  2/4

                       APPENDIX OF OP (FC) 379/2021
Exhibit P4            A TRUE COPY OF THE I.A.NO.2/2021 IN OP(G & W)
                      NO.55/2020 BEFORE THE FAMILY COURT, KOTTARAKKARA.
 OP (FC) No.379/2021                                3/4




                  A.MUHAMED MUSTAQUE & Dr.KAUSER EDAPPAGATH, JJ.
                 -------------------------------------------------
                                     O.P.(FC) No.379 of 2021
                 -------------------------------------------------
                       Dated this the 30th day of July, 2021

                                            O R D E R

A.Muhamed Mustaque, J.

The petitioner approached the Family Court, Kottarakkara, with an interlocutory application for the

return of the ward. The said application is pending.

2. As seen from Ext.P4, the petitioner filed an

early hearing petition before the Family Court,

Kottarakkara in O.P.(G&W) No.55/2020. This application

was filed on 03.05.2021.

3. The learned counsel for the petitioner submits

that this matter has been adjourned to November, 2021.

4. A Division Bench of this Court by the judgment

dated 23.3.2021 in O.P.(FC) No.352/2020 and connected

matters issued general guidelines in regard to disposal

of pending matters including the request for an advance

hearing. If the early hearing petition has been OP (FC) No.379/2021 4/4

adjourned to November, 2021, certainly, it amounts to a

violation of the direction of this Court.

The Registry shall forward a copy of this order to

the Family Court, Kottarakara, for the remarks.

Post on 04.08.2021.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE ln

30-07-2021 /True Copy/ Assistant Registrar