Arun.J.Alex vs Renu Roy
2023 Latest Caselaw 5252 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                  &
              THE HONOURABLE MRS. JUSTICE C.S. SUDHA
 THURSDAY, THE 20TH DAY OF APRIL 2023 / 30TH CHAITHRA, 1945
                     OP (FC) NO. 173 OF 2023
AGAINST THE ORDER DATED 13.01.2023 IN I.A.NO.3322/2021 IN OP
       NO.1618/2021 PENDING BEFORE THE HON'BLE FAMILY
                         COURT,ERNAKULAM
PETITIONER/PETITIONER IN I.A.NO.3322/2021/PETITIONER IN OP
NO.1618/2021/RESPONDENT IN OP(FC)NO.520/2022:

         ARUN.J.ALEX,
         AGED 36 YEARS,
         S/O.JOHN ALEXANDER,
         PUTHUVEEDU, TC.NO.15/631(2), LMS NAGAR,
         HOUSE NO. 26B, MUTTADA.P.O, KOWDIAR VILLAGE,
         THIRUVANANTHAPURAM - 695 025.
         BY ADVS.
         G.BENO
         RAJI S.


RESPONDENT/RESPONDENT IN I.A.NO.3322/RESPONDENT IN OP
NO.1618/2021/PETITIONER IN OP(FC)NO.520/2022:

         RENU ROY,
         AGED 34 YEARS,
         D/O.GEORGE ROY, EZHIKKAKATHU HOUSE,
         CHITTAR. P.O, CHITTAR VILLAGE, KONNI TALUK,
         PATHANAMTHITTA-689 663, NOW RESIDING AT FLAT NO.
         3A, ANVITA ARCADE, KAKKANAD. P.O, KAKKANAD
         VILLAGE, KANAYANNUR TALUK,
         ERNAKULAM DISTRICT - 682 030.
         BY ADVS.
         PRAKASH P.GEORGE
         SADER E.REAZ(K/775/1994)
         SAJID P.S.(K/424/1995)
         ABIJITH M.(K/1226/2022)
     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
20.04.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP (FC) NO. 173 OF 2023
                                      2

                             JUDGMENT

Anu Sivaraman, J.

This O.P(F.C) is filed seeking petitioner custody of a minor child,

aged below 5 years. A counter affidavit has been placed on record by

the respondent / mother. It is submitted that an application for

modification of the orders of custody have already been moved by the

petitioner before the Family Court.

In view of Ext.P7 order which modifies Ext.P4 order, we are of

the opinion that any further modification has also to be considered by

the Family Court. Leaving open the contentions of the parties and their

right to move the Family Court for any modification as required, the

OP(FC) is closed.

Sd/-

ANU SIVARAMAN JUDGE

Sd/-

C.S. SUDHA JUDGE DK OP (FC) NO. 173 OF 2023

APPENDIX OF OP (FC) 173/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ORIGINAL PETITION NO.

1618/2021 DATED 29/07/2021 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ERNAKULAM Exhibit-P2 TRUE COPY OF I.A NO. 3322/2021 DATED 29/07/2021 IN OP NO.1618/2021 FILED BY THE PETITIONER BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM Exhibit-P3 TRUE COPY OF COUNTER AFFIDAVIT FILED BY RESPONDENT IN I.A NO. 3322/2021 DATED 29/07/2021 BEFORE THE HON'BLE FAMILY COURT, ERNAKULAM Exhibit-P4 TRUE COPY OF ORDER IN I.A NO. 3322/2021 DATED 25/04/2021 OF THE HON'BLE FAMILY COURT, ERNAKULAM Exhibit-P5 TRUE COPY OF OP(FC) NO. 520/2022 DATED 02/09/2022 FILED BY THE RESPONDENT BEFORE THE HON'BLE HIGH COURT OF KERALA Exhibit-P6 TRUE COPY OF ORDER IN OP(FC) NO.520/2022 DATED 21/12/2022 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM Exhibit-P7 TRUE COPY OF ORDER IN IA NO. 3322/2021 DATED 13/01/2023 OF THE HON'BLE FAMILY COURT ,ERNAKULAM RESPONDENT EXHIBITS EXHIBIT.R1(A) TRUE COPY OF THE LIST OF DOCUMENT DATED 22-04-2022 SUBMITTED BEFORE THE FAMILY COURT, ERNAKULAM IN O.P. NO.1681/2021 EXHIBIT.R1(B) TRUE COPY OF THE COMPUTER PRINTOUT OF THE CONVERSATIONS BETWEEN THE PETITIONER AND THE RESPONDENT AND HER FATHER EXHIBIT.R1(C) TRUE COPY OF THE INTERIM ORDER DATED 06-

09-2022 IN OP(FC) NO.520/2022