Sreevidya vs Anurak
2023 Latest Caselaw 8273 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
           THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
   TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                    OP (FC) NO. 460 OF 2023
AGAINST THE ORDER/JUDGMENTOP 1081/2023 OF FAMILY COURT,THRISSUR
PETITIONER/ RESPONDENT IN O.P & RESPONDENT IN I.A

          SREEVIDYA
          AGED 30 YEARS
          D/O LATE UNIKRISHNAN POOVATHUMKADAVIL HOUSE C/O.
          DEVAYANI SARATHCHANDRAN PATHATT HOUSE, KOTHAKULAM
          DESOM VALAPPAD VILLAGE, VALAPPAD P.O CHAVAKKAD
          TALUK, PIN - 680 567.
          BY ADV N.AJITH


RESPONDENT/PETITIONER IN O.P & PETITIONER IN I.A

          ANURAK
          AGED 34 YEARS
          S/O. ANILKUMAR VANNERI HOUSE, ARIMPUR DESOM VELUTHUR
          VILLAGE, THRISSUR TALUK, PIN - 680 012.
     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(FC)No.460 of 2023             2




                           JUDGMENT

A.Muhamed Mustaque, J.

The petitioner is the mother of a child born in the

wedlock with the respondent filed original petition

before the Family Court seeking permanent custody of the

child. The Petitioner approached this Court stating that

the Family Court insisted production of the child without

allowing the petitioner to raise objection, apprehending

adverse orders.

2. In these circumstances, in the light of nature

of the order to be passed by us, we are of the view that

notice need not be issued to the respondent. If the

Family Court has directed the petitioner to produce the

child, there is nothing wrong with such an order. The

Family Court can interact with the child and form an

opinion. However, we make it clear that if an order of

giving custody of the child to the respondent is passed,

that order shall be issued to the petitioner and shall

be in force only after one week of issuing such order.

With the above direction, the Original Petition is

disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE mus

APPENDIX OF OP (FC) 460/2023

PETITIONER EXHIBITS Exhibit P1 PETITION FILED BY THE RESPONDENT IN O.P 1081 / 2023 ON THE FILE OF FAMILY COURT, THRISSUR DATED 27.06.2023 Exhibit P2 AFFIDAVIT FILED BY THE RESPONDENT IN O.P 1081/ 2023 ON THE FILE OF FAMILY COURT, THRISSUR DATED 14.07.2023 Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE FAMILY COURT, THRISSUR ON 14.07.2023 IN O.P NO.1081/2023 EXTRACTED FROM COURT'S WEB SITE.

Exhibit P4 MEDICAL CERTIFICATE ISSUED BY THE DOCTOR DATED 18.07.2023