Ambili K vs Pradeep
2022 Latest Caselaw 1359 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 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
                  OP (FC) NO. 627 OF 2021
 AGAINST THE ORDER IN IA 3/2020 IN GOP 1783/2020 OF FAMILY
                       COURT,THRISSUR
PETITIONER/RESPONDENT:
          AMBILI K
          AGED 42 YEARS
          D/O KUMARI, OOTTUMADATHIL HOUSE, NENMINI DESOM,
          GURUVAYOOR VILLAGE, NENMINI POST,
          CHAVAKKAD TALUK,
          THRISSUR DISTRICT-680104.

          BY ADVS.
          VINAYA V.NAIR
          K.ANITHA JOHN


RESPONDENT/PETITIONER:
    1     PRADEEP
          AGED 52 YEARS
          S/O BALAN, PANIKKASSERY HOUSE, ENGANDIYUR VILLAGE
          AND DESOM, KUNDALIYUR POST, CHAVAKKAD, THRISSUR-
          680161.
          REPRESENTED BY MOTHER AND POWER OF ATTORNEY
          HOLDER, AMARAVATHY, AGED 78 YEARS, W/O BALAN,
          PANIKKASSERY HOUSE,
          ENGANDIYUR VILLAGE AND DESOM, KUNDALIYUR POST,
          CHAVAKKAD, THRISSUR-680161.

    2     AMARAVATHY
          AGED 78 YEARS
          W/O BALAN,
          PANIKKASSERY HOUSE, ENGANDIYUR VILLAGE AND DESOM,
          KUNDALIYUR POST, CHAVAKKAD, THRISSUR-680161.


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
 O.P.(FC) No.627 of 2021

                                  2



01.02.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(FC) No.627 of 2021

                                 3




                  A.MUHAMED MUSTAQUE &
                       SOPHY THOMAS, JJ.
          ------------------------------------------------
                    O.P.(FC) No.627 of 2021
          -------------------------------------------------
            Dated this the 01st day of February, 2022

                          JUDGMENT

A.Muhammed Mustaque, J.

This Original Petition was filed aggrieved by an order

directing the petitioner to produce a minor child before the

Family Court, Thrissur on every second Saturday in order to

enable the respondents to a free interaction with the child.

2. Though notice has been served on respondents, none

appears. The respondents moved an application for interim

custody in G.O.P.No.1783/2020. The first respondent is the

father and the second respondent is the paternal grandmother.

The marriage between the petitioner and the first respondent

has been dissolved as per the order in O.P.No.449/2007 on

mutualconsent.

3. The child would attain majority on 06.02.2004. The

Date of Birth of the child is 07.02.2004. In view of the fact that O.P.(FC) No.627 of 2021

the child will attain majority on 06.02.2004, we find no reason to

interfere with this matter in as much as that the daughter of the

petitioner can decide in regard to her own future. We direct the

Family Court, Thrissur to re-schedule the case to the nearest

date and pass appropriate orders taking note of the age of the

child.

Sd/-A.MUHAMED MUSTAQUE, JUDGE

Sd/-SOPHY THOMAS, JUDGE lsn O.P.(FC) No.627 of 2021

APPENDIX

PETITIONER'S EXHIBITS:

EXT.P1: COPY OF THE GOP 1783/2020 FILED BY THE RESPONDENT.

EXT.P2: COPY OF THE I.A. NO.03/2020 IN GOP NO.1783/2020 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, THRISSUR CLAIMING INTERIM CUSTODY OF THE CHILD.

EXT.P3: COPY OF THE OBJECTIONS FILED BY THE PETITINER AGAINST EXT.P2.

EXT.P4: COPY OF THE ORDER DATED 17.04.2021 IN I.A. 3/2020 IN GOP NO.1783/2020.

RESPONDENTS EXHIBITS:           NIL




                                                              TRUE COPY


                                                         P.A TO JUDGE




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