Kerala High Court
Jibin Lukose vs Jerin Mary Jacob on 13 April, 2023
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 13th day of April 2023 / 23rd Chaithra, 1945
IA.NO.1/2023 IN OP (FC) NO. 140 OF 2023(R)
(Against order dated 09/03/2023 in I.A. No. 1/2023 in O.P.(G&W) No. 81/2023 of
Family Court, Ettumanoor)
PETITIONER/PETITIONER:
JIBIN LUKOSE, AGED 37 YEARS, S/O LUKA JOSEPH,
MALE NURSE BY PROFESSION, PERMANENTLY RESIDING AT MENACHERIL HOUSE,
ATHIRAMPUZHA PADINJATTUMBHAGOM KARA, ATHIRAMPUZHA P.O.,
ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK,
KOTTAYAM DISTRICT, PIN - 686 562, PHONE 9745613672.
RESPONDENTS/RESPONDENTS:
1. JERIN MARY JACOB, AGED 34 YEARS, D/O JACOB THOMAS, CARE TAKER AT
ISRAEL, PERMANENTLY RESIDING AT MAMMARAPPALLIL HOUSE, KURIANNOOR
P.O., THOTTAPPUZHASSERY VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA
DISTRICT, KERALA, PIN - 689 550.
2. JACOB THOMAS, AGED 58 YEARS, PERMANENTLY RESIDING AT
MAMMARAPPALLIL HOUSE, KURIANNOOR P.O., THOTTAPPUZHASSERY VILLAGE,
THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, KERALA, PIN - 689 550.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to defer the date for
compliance of the direction in the judgment dated 10/04/2023, subject to
the outcome of proposed SLP against the said judgment.
This application coming on for orders, upon perusing the application
and the affidavit filed in support thereof and this Court's judgment dated
10/04/2023 in OP(FC) No.140/2023 and upon hearing the arguments of
M/S.ALEX.M.SCARIA, SARITHA THOMAS, BEAS K. PONNAPPAN, A.J.RIYAS, ALEN J.
CHERUVIL, SAHL ABDUL KADER & SANJITH KUMAR R., Advocates for the
petitioner in IA/OP(FC) and of M/S. KISHORE D, MEERA GOPINATH,
R.MURALEEKRISHNAN (MALAKKARA) & ATHUL V. VADAKKEDOM, Advocates for R2 in
IA/OP(FC), the court passed the following:
P.T.O.
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
-----------------------------------------------------------
I.A.No.1 of 2023
in
O.P.(FC) No.140 of 2023
-----------------------------------------------------------
Dated this the 13th day of April, 2023
ORDER
P.G. Ajithkumar, J.
The petitioner in O.P.(FC) No.140 of 2023 has filed this
interlocutory application seeking to defer the date for
compliance of the directions as per the judgment dated
10.04.2023. The petitioner was directed to produce the child
before the Family Court, Kottayam at Ettumanoor at 11.00
a.m. on 12.04.2023 for being handed over to the 2 nd
respondent. The petitioner filed this application stating that he
proposes to prefer an appeal before the Hon'ble Apex Court
against the judgment dated 10.04.2023 and therefore the
direction to produce the child before the Family Court may be
deferred. The respondents stoutly resist this application.
Heard the learned counsel appearing for the petitioner
and the learned counsel appearing for the respondent.
I.A.No.1 of 2023 in
O.P.(FC) No.140 of 2023
After hearing both sides only, O.P.(FC) No.140 of 2023
was dismissed and the petitioner was directed to hand over
custody of the child to the 2nd respondent, from whose
custody the petitioner has forcibly taken away the child. We
thereby have confirmed the order of the Family Court. We find
no justification in postponing the date for compliance of the
direction in the judgment dated 10.04.2023; since the finding
in the judgment is that the petitioner obtained custody of the
child from the 2nd respondent by illegal means. In such
circumstances, we dismiss this application.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
13-04-2023 /True Copy/ Assistant Registrar
