Preethi vs Muralidharan
2021 Latest Caselaw 20580 Ker

Mat.Appeal No.438/2021                          1/2

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                               &
                          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
              Friday, the 1st day of October 2021 / 9th Aswina, 1943
                    IA.NO.3/2021 IN MAT.APPEAL NO. 438 OF 2021
                     OP 276/2014 OF FAMILY COURT, OTTAPPALAM
   PETITIONER/APPELLANT:

           PREETHI, AGED 35 YEARS, D/O. THOTTAPPAYA PALLIYALIL RAMAN NAIR,
           UMMATHOOR DESOM, ANAKKARA AMSOM, PALAKKAD DISTRICT, PIN-679 561.

   RESPONDENT/RESPONDENT:

           MURALIDHARAN, AGED 41 YEARS, S/O RAJAGOPALAN, NAREMBULLI PATTATHODI
           VEEDU, AMAYOOR P.O., PATTAMBI (VIA), PALAKKAD DISTRICT-679 303.


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the operation
   of the judgment dated 20.05.2020 in O.P.No.276/2014 of the Honourable
   Family Court, Ottappalam, to the extent of granting visitorial right to
   the respondent to see and interact with two minor children, on first
   Saturday of every month, pending decision in the above Mat.Appeal.


        This Application coming on for orders, upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of M/S.M.R.ANISON, V.BHARGAVI and P.A.RINUSA, Advocates for the applicant,
   the court passed the following:
 Mat.Appeal No.438/2021                      2/2




                                       ORDER

It is submitted by the learned counsel for the appellant that the respondent never turned up to visit the child and the petitioner has to travel unnecessarily from her residential place to the court premises. It is submitted that the distance between her residential place and home town is 43 kms.

In the light of the above submission, we grant complete stay as against the visitorial rights accorded to the respondent. It is also to be noted that though notice has been served, none appears for the respondent.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

01-10-2021 /True Copy/ Assistant Registrar