Feialoh Francis P vs Chinnu Darwin
2022 Latest Caselaw 4778 Ker

OP (FC) NO. 215 OF 2022
                               1

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE C.S.DIAS
                               &
            THE HONOURABLE MR.JUSTICE BASANT BALAJI
   TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
                    OP (FC) NO. 215 OF 2022
       AGAINST OPGW 2799/2021 OF FAMILY COURT,ERNAKULAM


PETITIONER/PETITIONER:

          FEIALOH FRANCIS P
          AGED 35 YEARS, S/O.FRANCIS XAVIER P.M. RESIDING AT
          AVJ RIVERIN APARTMENT, AROOKKUTTY ROAD, ALAPPUZHA,
          PIN - 688535

          BY ADVS.
          M.B.SANDEEP
          K.P.SREEJA
          AMAL STANLY
          P.L.MARY TREASA



RESPONDENT/RESPONDENT:

          CHINNU DARWIN
          AGED 31 YEARS
          PALAM ROAD, VADUTHALA, ERNAKULAM, PIN - 682023


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) NO. 215 OF 2022
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                          JUDGMENT

The original petition is filed to direct the Family Court,

Ernakulam, to consider and pass orders on I.A

No.5938/202 (Ext.P1) in O.P. No.2799/2021.

2. The petitioner has stated in the memorandum of

original petition that he has filed O.P. No.2799/2021 before

the Family Court, Ernakulam, under the Guardians and

Wards Act, 1890, to grant him the permanent custody of

his minor son named 'Antonio Feialoh'. He has filed Ext.P1

application seeking interim custody of the child.

However, the Family Court is not considering the

application.

3. Pursuant to the direction of this Court on

19.4.022, the learned Judge of the Family Court has by

communication dated 25.4.2002 informed this Court that

Ext.P1 can be disposed of on or before 30.4.2022. OP (FC) NO. 215 OF 2022

In the light of the above communication and in

exercise of the powers of this Court under Article 227 of

the Constitution of India, we direct the Family Court,

Ernakulam, to consider and dispose of Ext.P1 in

accordance with law, as expeditiously as possible and at

any rate on or before 30.4.2022.

The original petition is disposed of accordingly.

Sd/-

C.S.DIAS JUDGE

Sd/-

BASANT BALAJI ma/27/04/2022 JUDGE OP (FC) NO. 215 OF 2022

APPENDIX OF OP (FC) 215/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE INTERIM CUSTODY APPLICATION WHICH IS NUMBERED AS IA NO. 5938/2021 DATED 15.11.2022 FILED BY THE PETITIONER BEFORE THE HONOURABLE FAMILY COURT, ERNAKULAM

Exhibit P2 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 05.03.2022 IN IA NO. 5938/2021 FILED BY THE RESPONDENT HEREIN BEFORE THE FAMILY COURT ERNAKULAM

Exhibit P3 TRUE COPY OF THE TODAY MOVING APPLICATION FILED AND NUMBERED AS IA NO. 1333/2022 DATED 09.03.2022 IN OP NO. 2799/2021 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM

Exhibit P4 TRUE COPY OF THE ADVANCE APPLICATION FILED AND NUMBERED AS IA NO. 1334/2022 DATED 09.03.2022 IN OP NO. 2799/2021 FILED BY THE PETITIONER BEFORE THE FAMILY COURT ERNAKULAM