Kerala High Court
Mahesh Sugathan vs 1. P. Vidyadharan on 3 November, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
O.P.(FC)NO.573 OF 2022
O.P.NO.388 OF 2021 ON THE FILES OF THE FAMILY COURT,
THIRUVANANTHAPURAM
PETITIONER:
MAHESH SUGATHAN,
AGED 37 YEARS,
S/O. SUGATHAN S., KRISHNA NIVAS, T.C. 1/1650,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN -
695011
BY ADVS.
BOBY MATHEW
K.MEERA
RESPONDENTS:
1 P. VIDYADHARAN,
AGED 65 YEARS,
S/O. N. PADMANABHAN NIKHIL ILLAM, HOUSE NO.15,
SREEVARAHAM NAGAR VALLAKKADAVU P.O.,
THIRUVANANTHAPURAM, PIN - 695008
2 GEETHA N., AGED 55 YEARS,
W/O. VIDYADHARAN,
NIKHIL ILLAM, HOUSE NO.15, SREEVARAHAM NAGAR,
VALLAKKADAVU P.O., THIRUVANANTHAPURAM,
PIN - 695008
BY ADVS.
SIDHARTH A.MENON
V.AJAKUMAR(A-657)
MUHAMMED ALJUQ A.(K/251/2021)
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
O.P.(FC)No.573 of 2022
JUDGMENT
Anil K. Narendran, J.
The petitioner, who filed O.P.No.388 of 2021 before the
Family court, Thiruvananthapuram, which was one filed
seeking permanent custody of the minor son by name Akshay
Mahesh born on 09.05.2017, has filed this original petition
under Article 227 of the Constitution of India, seeking an
order to restore Ext.P1 order dated 07.04.2022 of the said
Court in I.A.No.1 of 2021 in O.P.No.388 of 2021 and to
dispose of the said original petition in accordance with law, at
the earliest.
2. On 07.10.2022, when this original petition came
up for admission, this Court issued notice on admission to the
respondents. The learned counsel for the petitioner was
permitted to take out notice to the respondents through their
counsel before the Family Court, Thiruvananthapuram, where
O.P.No.388 of 2021 is pending consideration. Registry was
directed to call for a report from the Family Court,
Thiruvananthapuram as to the present status of O.P.No.388
of 2021 and also the time limit of its final disposal.
3. Pursuant to the order dated 07.10.2022, the
O.P.(FC)No.573 of 2022
report dated 15.10.2022 of the Presiding Officer of the Family
Court, Thiruvananthapuram, is placed on record.
4. Today, when this matter is taken up for
consideration, the learned counsel on both sides would submit
that O.P.No.388 of 2021 has already been allowed on
18.10.2022.
5. The learned counsel for the respondent would
point out certain acts of the petitioner-father in not complying
with earlier orders of this Court in a different proceedings.
6. We do not propose to consider those aspects in this
original petition, since the limited scope of this original
petition is for time bound consideration of O.P.No.388 of 2021.
Since, O.P. No.388 of 2021 has already been allowed on
18.10.2022, recording the said fact, this original petition is
closed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
O.P.(FC)No.573 of 2022
APPENDIX OF OP (FC) 573/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED
07/04/2022 PASSED BY THE FAMILY
COURT, THIRUVANANTHAPURAM IN I.A.
NO.1 OF 2021 IN O.P.NO.388 OF 2021
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED
18/05/2022 PASSED BY THE HON'BLE HIGH
COURT OF KERALA IN MAT. APPEAL NO.324
OF 2022
