Kerala High Court
Sruthy K vs Sudheesh M on 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
OP (FC) NO. 284 OF 2022
AGAINST THE ORDER DATED 20.05.2022 IN I.A.No.2284 OF 2022 IN
O.P.NO.2526 OF 2021 ON THE FILE OF THE FAMILY COURT,ERNAKULAM
PETITIONER/RESPONDENT:
SRUTHY K.
AGED 30 YEARS
D/O.ADHINARAYANAN,
NANDHANAM, ELAYOOR, MUNDAYADU P.O., KANNUR,
NOW RESIDING AT KURUVAPADAM HOUSE, EDATHALA P.O.,
ERNAKULAM., PIN - 683567
BY ADVS.
C.Y.VINOD KUMAR
SHERIN A.RAHIM
RESPONDENT/PETITIONER:
SUDHEESH M.
AGED 34 YEARS
S/O.LAKSHAMANA GUPTAN,
LAKSHAMANA NIVAS, KATTUKULAM,
KATTUKULAM SOUTH POST,
PALAKKAD., PIN - 679514
BY ADVS.
A. Abdul Jaleel @ A.A Jaleel Abubaker
M.A.SULFIA(K/841/2005)
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
O.P.(FC) No.284 of 2022
JUDGMENT
Anil K. Narendran, J.
The petitioner who is the respondent in O.P.No.2526 of 2021
on the file of the Family Court, Ernakulam, which was one filed by
the respondent herein seeking an order to appoint him as guardian
and grant custody of the minor child 'Aradhya' aged 7 years has
filed this original petition under Article 227 of the Constitution of
India to set aside Ext.P4 order dated 20.05.2022 in I.A.No.2284 of
2022 in O.P.No.2526 of 2021 on the file of the Family Court,
Ernakulam and to dismiss Ext.P2 petition.
2. On 23.05.2022, this Court admitted the matter to file
and issued notice to the respondent. The petitioner was directed to
serve notice on the respondent through his counsel before the
Family Court. The order of this court dated 23.05.2022 reads thus:
"We direct father to produce the child on 25.05.2022 at
11.00 a.m. before the Family Court, Ernakulam. The
Family Court is directed to interact with the child. If the
Family Court is of the view that the child is not
comfortable to stay with the father, the Family Court shall
restrict the custody given to father till 25.05.2022. If the
Family Court is otherwise of the view that the child is
comfortable with the father, the custody of the child can
be given to the father till the duration as fixed in the
impugned order. This order shall be served on the father
O.P.(FC) No.284 of 2022
through the counsel appearing for him before the Family
Court."
3. Today, when this matter is taken up for consideration,
the learned counsel for the petitioner would submit that the Family
Court has already issued another order, whereby Ext.P4 order
stands modified.
In such circumstances, we find no reason to proceed with this
original petition further and the same is accordingly dismissed,
however, leaving open the legal and factual contentions raised by
both sides. The interim order dated 23.05.2022 will stand vacated,
in view of the modified order passed by the Family Court.
Sd/-
ANIL K.NARENDRAN
JUDGE
Sd/-
P.G. AJITHKUMAR
JUDGE
PV
O.P.(FC) No.284 of 2022
APPENDIX OF OP (FC) 284/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE O.P. NO.2526/21 ON THE
FILES OF THE HON'BLE FAMILY COURT,
ERNAKULAM
Exhibit P2 TRUE COPY OF THE I.A. NO. 2284/22 IN O.P.
NO.2526/21 DATED 16/4/22 ON THE FILES OF
FAMILY COURT, ERNAKULAM
Exhibit P3 TRUE COPY OF THE OBJECTION DATED 06/05/22
FILED BY THE PETITIONER
Exhibit P4 TRUE COPY OF THE ORDER DATED 20/5/22 IN
I.A. NO. 2284/22 IN O.P. NO.2526/21 ON
THE FILE OF THE FAMILY COURT, ERNAKULAM
Exhibit P5 TRUE COPY OF THE CERTIFICATE DATED
21/4/22 ISSUED BY DR. SHAHEEM SAIT Y.
RESPONDENT's EXHIBITS
EXHIBIT R1(a) The true copy of the order dated
26/07/2021 in OP(FC) 364/2021
EXHIBIT R1(b) A screen shot of the watsapp call, which
shows the negligent attitude of the
petitioner herein to take the child
before the camera
EXHIBIT R1(c) The photographs evidencing the moments
enjoyed by the minor
