Prabha Pillai vs Vijayakrishnan Padmanabhan Nair
2022 Latest Caselaw 3876 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
             THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                      Mat.Appeal No.884/2019
   AGAINST THE ORDER DATED 10.10.2019 IN OP(UN-NUMBERED] OF 2019
              IN THE FILE OF THE FAMILY COURT, KOLLAM
                              -------
APPELLANT/S:
           PRABHA PILLAI, AGED 41 YEARS,
           D/O. CHANDRAVALLI AMMA, R/0478,
           INDIARA NAGAR, NEAR VAHICLE FACTORY ESTATE,
           JABALPUR, MADYA PRADESH, PERMANANTLY RESIDING AT
           REVATHY, PULIYILA, NEDUMPANA VILLAGE, NALLILA.P.O,
           KOLLAM-69151.
          BY ADV B.RENJITHKUMAR

RESPONDENT/S:
     1     VIJAYAKRISHNAN PADMANABHAN NAIR,
           AGED 45 YEARS, S/O. PADMANABHAN NAIR,
           28188 MOULTON PKWY, APT.2213, LAGUNA NIGUEL,
           CALIFORNIA-92677, FROM TC 6/581(1)VASANT PADMAM,
           P.T.P.NAGAR, THIRUVANANTHAPURAM,
           PIN-695038.
    2     DEV VIJAY NAIR(MINOR), AGED 11 YEARS,
          S/O.VIJAYAKRISHNAN PADMANABHAN NAIR,
          28188 MOULTON PKWY, APT.2213,
          LAGUNA NIGUEL, CALIFORNIA-92677,
          FROM TC 6/581(1)VASANT PADMAM, P.T.P.NAGAR,
          THIRUVANANTHAPURAM, PIN-695038,
          REP.BY GUARDIAN VIJAYAKRISHNAN PADMANABHAN NAIR(R1).
    3     JANAKI VIJAY NAIR.(MINOR), AGED 2 YEARS,
          D/O.VIJAYAKRISHNAN PADMANABHAN NAIR,
          28188 MOULTON PKWY, APT.2213, LAGUNA NIGUEL,
          CALIFORNIA-92677, FROM TC 6/581(1)VASANT PADMAM,
          P.T.P.NAGAR, THIRUVANANTHAPURAM,
          PIN-695038, REP. BY GUARDIAN VIAJAYAKRISHNAN
          PADMANABHAN NAIR(R1).
          BY ADV BIJU .C. ABRAHAM


THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 05.04.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Mat.Appeal No.884/2019            2


                                JUDGMENT

A.Muhamed Mustaque, J.

This Mat. Appeal arises from an order of the Family

Court, Kollam, in an unnumbered case. The short order reads

thus:

"Heard the counsel for petitioner. Perused the records. The OP is filed under provisions of the Guardians and Wards Act, 1890 for getting custody of wards by the wife against the husband. The wards are admittedly residing abroad. So this Court has no jurisdiction to entertain the above petition. Return the petition to petitioner."

2. It is unfortunate that the Family Court without

numbering the case decided on the merits of the case. The

unnumbering a case would arise only if there is a legal bar

in entertaining such a case. The matter has to be decided on

merits. Whether the petition is maintainable or not can be

decided after hearing both sides. The Family Court could not

have refused to number the case with reference to the

decision to be taken on the judicial side. We set aside the

impugned order. We direct both parties to appear before the

Family Court on 03.05.2022. The Family Court is directed to

number the case and decide the maintainability on the

judicial side after adverting to the objection of the

respondent.

The Mat. Appeal is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE ln