Divya S Manohar vs Sinu Anandan
2022 Latest Caselaw 7483 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                    &

               THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944

                       OP (FC) NO. 365 OF 2022

  AGAINST THE ORDER/JUDGMENT IN OPGW 356/2018 OF FAMILY COURT,

                             MAVELIKKARA

PETITIONERS:

    1       DIVYA S MANOHAR, AGED 35 YEARS, D/O MANOHAR,
            DEVI PALACE , THEKKU KOCHU MURI, KRISHNAPURAM VILLAGE.
            KARTHIKAPPALLY TALUK, ALAPPUZHA.
            NOW RESIDING AT O.NO. C164/N.NO.162, CHERAN COLONY,
            THUDIYALUR, COIMBATORE, TAMIL NADU
            PIN - 641 034.

    2       KEDAAR SINU , AGED 11 YEARS, S/O SINU ANANDAN
            DEVI PALACE , THAKKU KOCHU MURI, KRISHNAPURAM VILLAGE.
            KARTHIKAPPALLY TALUK, ALAPPUZHA.


            NOW RESIDING AT O.NO. C164/N.NO.162, CHERAN COLONY,
            THUDIYALUR, COIMBATORE, TAMIL NADU
            REPRESENTED BY HIS MOTHER, THE 1ST PETITIONER, PIN -
            641034

            BY ADVS.
            BASIL CHANDY VAVACHAN
            CHARUTHA BHAIJU
            GEORGIE SIMON
            BASIL SCARIA
            FATHIMA SHALU S.
            CHANDHANA BHAIJU


RESPONDENT:

            SINU ANANDAN, AGED 39 YEARS, S/O ANANDAN, ANANDA
            BHAVANAM, PUTHUPPALLI VADAKKU MURI, PUTHUPPALLI
            VILLAGE, KARTHIKAPPALLY TALUK, KAYAMKULAM, ALAPPUZHA,
            PIN - 690 527


        THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON

24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC) NO. 365 OF 2022

                             ..2..




                    J U D G M E N T

A. Muhamed Mustaque, J

The petitioner-mother filed an application i.e., I.A

No.1 of 2021 in O.P (G&W) No.356 of 2018 to modify the

order passed therein regarding the custody of the minor

child born in the wedlock with the respondent. It appears

that the respondent also filed O.P No.490 of 2020 before

the same Court for injunction restraining the petitioner-

mother from taking the child abroad. The petitioner-

mother intends to take the child to Australia. The

petitioner-mother approached this Court for an early

disposal of I.A No.1 of 2021.

2. In view of the fact that the respondent also

filed a petition to injunct the mother, it is appropriate

that both cases are taken up together and dispose of in a

time bound manner.

3. It is submitted that the petitioner-mother

obtained a job in Australia and she has to leave India

before 31.07.2022.

OP (FC) NO. 365 OF 2022

..3..

4. Taking note of the peculiar circumstances of the

case, we direct the Family Court to dispose of both the

applications before 20.07.2022.

5. The petitioner shall serve a copy of this

judgment on the learned counsel appearing for the

respondent before the Family Court as well.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE PR OP (FC) NO. 365 OF 2022

..4..

APPENDIX OF OP (FC) 365/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF IA NO. 1/2021 IN OP(G&W) 356/2018 OF FAMILY COURT, MAVELIKKARA

Exhibit P2 THE TRUE COPY OF THE JUDGEMENT DATED 27-07-2018 IN OP(G&W) 356/2018 OF FAMILY COURT, MAVELIKKARA

Exhibit P3 THE TRUE COPY OF THE JUDGEMENT DATED 17-8-2018 OF HONOURABLE FAMILY COURT, MAVELIKKARA IN OP(HMA) NO.1032/2018

Exhibit P4 THE TRUE COPY OF THE OP 490/2020 FILED BY THE RESPONDENT BEFORE THE HONOURABLE FAMILY COURT, MAVELIKKARA

Exhibit P5 THE TRUE COPY OF IA NO.2/2021 IN OP(G&W) 356/2018 SEEKING SPEEDY DISPOSAL

Exhibit P6 THE TRUE COPY OF THE OFFER LETTER RECEIVED BY THE 1ST PETITIONER FROM "HIGHTEC ENGINEERING PTY LTD COMPANY, AUSTRALIA"

Exhibit P7 THE TRUE COPY OF IA NO.9/2022 IN OP(G&W) 356/2018