Aswathy Udayan vs Prince Anand
2021 Latest Caselaw 12925 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
                                 &
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      MONDAY, THE 14TH DAY OF JUNE 2021 / 24TH JYAISHTA, 1943
                     OP (FC) NO. 325 OF 2021
    AGAINST THE ORDER/JUDGMENT IN OPGW 1/2019 OF FAMILY COURT,
                      MAVELIKKARA, ALAPPUZHA
PETITIONER/PETITIONER/1ST RESPONDENT:

          ASWATHY UDAYAN
          AGED 34 YEARS
          D/O. LEKHA UDAYAN, PUNNAPRA POST,
          NEAR ARAVUKADU TEMPLE, ALAPPUZHA DISTRICT,
           NOW RESIDING AT QUEEN ELIZABETH HOSPITAL,
          KUPPERS PALINS, QUEENS LAND, AUSTRALIA,
          REPRESENTED BY HER POWER-OF-ATTORNEY HOLDER,
          SANTHOSH KUMAR, S/O. RAJAPPAN, 48 YEARS,
          KARUKASSERIL, VEEZHPARA POST, RAMANKARI,
          KUTTANADU TALUK, ALAPPUZHA DISTRICT.

          BY ADV K.RAKESH


RESPONDENTS/RESPONDENTS/PETITIONER & RESPONDENTS 2 TO 4:

        1.PRINCE ANAND
          S/O. T.SOBHANA SASANK, AGED 37 YEARS,
          SASANK NAGAR NO.50, KACHERI POST,
          KOLLAM DISTRICT, PIN-691 013,
          NOW RESIDING AT UNIT-3, 16 EARNEST STREET,
          GREEN SLOPS, QUEEN LAND, AUSTRALIA.
        2.LEKHA UDAYAN, AGED 59 YEARS,
          W/O. LATE UDAYAN, SOORYA, PUNNAPRA POST,
          NEAR ARAVUKADU TEMPLE,
          ALAPPUZHA DISTRICT, PIN-688004
        3.SARATH SAHADEVAN, AGED 56 YEARS,
          S/O. LATE SAHADEVAN, THIRUVATHIRA,
          PUTHUKUNDAM POST, KARTHIKAPPALLY,
          HARIPAD, ALAPPUZHA DISTRICT, PIN-690 516.
        4.VIJI SURENDRAN, W/O SARATH SAHADEVAN,
          AGED 48 YEARS, THIRUVATHIRA,
          KARTHIKAPPALLY, HARIPAD, ALAPPUZHA DISTRICT -690 516.

     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION          ON
14.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(FC) 325/2021
                                 2


                           JUDGMENT

P.SOMARAJAN,J.

The petitioner inter alia sought a direction

to the Family Court, Mavelikkara to make all

necessary arrangements to enforce Exhibit P4

order and to enable the petitioner to interact

with the child through video conferencing.

2. It was submitted that though the

petitioner had approached the Family Court, due

to the ongoing Covid-19 pandemic, he could not

proceed further.

3. In the said circumstances, we are of the

view that it is not at all necessary to issue

notice to the respondents since the prayer is

only to implement Ext.P4 order passed by the

Family Court, Mavelikkara. Hence there will be

a direction to the family court, Mavelikkara to

implement order scrupulously without causing any

further delay, if it is not varied or altered by

any other court.

OP(FC) 325/2021

With the above direction, the present

original petition is disposed of.

Sd/-

P.SOMARAJAN JUDGE

Sd/-

P.V.KUNHIKRISHNAN JUDGE

SPV OP(FC) 325/2021

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORIGINAL PETITION FILED BY THE FIRST RESPONDENT BEFORE THE FAMILY COURT, MAVELIKKARA AS O.P.NO.1/2019, DATED 22-12-2018.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED, 30-7-

2019 IN O.P(F.C).NO.470/2019 OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE I.A.NO.1/2020 IN O.P.

(G&W) NO.1/2019 FILED BEFORE THE HON'BLE COURT, MAVELIKKARA DATED 25.08.2020.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 30.01.2021 PASSED BY THE HON'BLE FAMILLY COURT, MAVELIKKARA IN I.A.NO.1/2020 IN OP (G&W) NO.1/2019.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE