Kerala High Court
Wednesday vs Pradeep Chandran C.V. on 17 March, 2021
IA/1/2021 IN Mat.Appeal 391/2020 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
Wednesday,the 17th day of March 2021/26th Phalguna, 1942
For information purpose only
IA/1/2021 IN Mat.Appeal/391/2020
Against OP No.484/2018 of the FAMILY COURT, OTTAPPALAM
APPLICANT/RESPONDENT
PRADEEP CHANDRAN C.V., 39 YEARS, S/O.LATE RAMACHANDRAN
M.P.,PRAVITHA NIVAS, PATTAMBI POST, PALAKKAD DISTRICT - 679 303
RESPONDENT/APPELLANT
DEEPA M.K, 33 YEARS, D/O.KESAVA MENON, MANIYANGHAT HOUSE,
KANIYARCODE POST, THIRUVILWAMALA, THALAPPILLY TALUK, THRISSUR
DISTRICT 680 594.
Application praying that in the circumstances stated in the affidavit filed
therewith the High Court be pleased to correct the words 'Family Court', Thrissur contained in
para (iv) and (viii) of the operative portion of the judgment as Family Court, Ottapalam.
This application coming on for orders, upon perusing the application and the affidavit
filed in support thereof, and upon hearing the arguments of MR. R.SREEHARI Advocate for
the applicant(Respondent in Mat.Appeal) and of P.R.JAYAKRISHNAN AND DR.R.REJI
KUMAR Advocates for the respondent(Appellant in Mat.Appeal), the court passed the
following
A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
---------------------------
I.A No.1 of 2021
in
Mat.A No.391 of 2020
-----------------------------
For information purpose only
Dated this the 17th March, 2021.
ORDER
C.S.Dias,J.
This is an application filed to correct the words
'Family Court, Thrissur' contained in clauses (iv) and
(viii) of the operative portion of the judgment as ' Family
Court, Ottappalam'.
2. The applicant has in the affidavit filed in
support of the application averred that this Court while
disposing Mat.A No.391/2020 has fixed the venue for
exchange of the child as Family Court, Thrissur, but at
the same time observed that the parties would be at
liberty to move the Family Court, Ottappalam to seek
for the modification of the interim arrangement ordered
in the judgment, in the case of change of circumstances.
Accordingly, the applicant seeks for correction of the
I.A No.1 of 2021
in
Mat.A No.391 of 2020
words 'Family Court, Thrissur' as 'Family Court,
Ottappalam'.
For information purpose only
3. We had after considering the pleadings and
materials on record and hearing the respective counsel
for the parties, consciously fixed the venue for
exchange of the child at Family Court, Thrissur taking
note of the fact that the appellant and the child were
residing in Thrissur District. However, for the purpose
of modification of the judgment, we reserved the
liberty of the parties to approach the Family Court,
Ottappalam. It is only now, that the learned counsel
for the applicant has brought to our notice that the
appellant and the child are residing at Thiruvilwamala,
which is just 10kms away from the Family Court,
Ottappallam. On the other hand, the Family Court,
Thrissur is nearly 40 kms from the residence of the
appellant and the child. In the said circumstances, the
I.A No.1 of 2021
in
Mat.A No.391 of 2020
fixing of the venue for exchange of the child at the
Family Court, Thrissur would obviously cause
For information purpose only
inconvenience to both the appellant as well as the child.
In the said circumstances, we are of the considered
opinion that the venue for exchange of the child fixed in
clauses (iv) and (viii) has to be corrected as 'Family
Court, Ottappalam'.
In the result, the application is allowed. The
words in clauses (iv) and (viii) in the operative portion
of the judgment shall read as 'Family Court,
Ottappalam' instead of 'Family Court, Thrissur.' The
Registry shall carry out such correction in the certified
copy of the judgment and re-issue the same to the
parties, in accordance with law.
Sd/- A.MUHAMED MUSTAQUE,
JUDGE
ma/18.03.2021 Sd/- C.S.DIAS,JUDGE
/true copy/ Sd/- ASSISTANT REGISTRAR
