Kerala High Court
Gisha Babu vs Suraj Ratnakaran on 14 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Monday, the 14th day of August 2023 / 23rd Sravana, 1945
IA.NO.1/2023 IN OP (FC) NO. 320 OF 2023(R)
COMMON ORDER DATED 26/05/2023 IN IA NO. 1/2023, IA NO. 2/2023 AND IA NO.4/2023
IN OP(G&W) NO.224/2023 OF FAMILY COURT, PATHANAMTHITTA
PETITIONER/RESPONDENT/PETITIONER/PETITIONER:
SURAJ RATNAKARAN, AGED 38 YEARS, S/O RATNAKARAN, PULARI,
PRAKKANAM P.O, CHENNERKARA VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITA DISTRICT, PIN - 689 643, REPRESENTED BY
HIS POWER OF ATTORNEY HOLDER, SUDHAMANY, AGED 63 YEARS,
W/O.RATNAKARAN, PULARI, PRAKKANAM P.O., CHENNERKARA VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT-689 643.
RESPONDENTS/PETITIONERS/COUNTER-PETITIONERS/RESPONDENTS:
1. GISHA BABU, AGED 34 YEARS, FLAT NO. G2 , ALPHONSA GARDENS, NEAR
MUTHOOT MEDICAL CENTRE, KOZHENCHERRY, (AS PER THE CAUSETITLE IN
THE IMPUGNED ORDER) REPRESENTED BY HER MOTHER AND POWER OF
ATTORNEY HOLDER, PRABHA BABU, AGED 59 YEARS, W/O BABU, ALAKKOTTU
HOUSE, MEZHUVELI P.O, KOLENCHERRY, PATHANAMTHITTA,, PIN - 689507
2. BABU, AGED 62 YEARS, S/O NANU, FLAT NO. G2, ALPHONSA GARDENS, NEAR
MUTHOOT MEDICAL CENTRE, KOZHENCHERRY, (AS PER THE CAUSETITLE IN
THE IMPUGNED ORDER) ALAKKOTTU HOUSE, MEZHUVELI P.O, KOLENCHERRY,
PATHANAMTHITTA,, PIN - 689507
3. PRABHA BABU, AGED 56 YEARS, W/O BABU, FLAT NO. G2, ALPHONSA
GARDENS, NEAR MUTHOOT MEDICAL CENTRE, KOZHENCHERRY, (AS PER THE
CAUSETITLE IN THE IMPUGNED ORDER) ALAKKOTTU HOUSE, MEZHUVELI P.O,
KOLENCHERRY, PATHANAMTHITTA,, PIN - 689507
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to extend the time
for concluding the proceedings in the court below by a period of 40
days.
P.T.O.
This Application again coming on for orders upon perusing the
application and the affidavit filed in support thereof, this Court's
judgment dated 11/07/2023 & order dated 10/08/2023 in IA 1/2023 and upon
hearing the arguments of M/S. K.SHAJ, K.G.MURALEEDHARAN UNNITHAN, BEENA
N.KARTHA, C.IJLAL, ARUN CHAND, VINAYAK G MENON, BHARAT VIJAY P., MAJID
MUHAMMED K., MINU VITTORRIA PAULSON & GOPIKA GOPAL, Advocates for the
petitioner in IA/respondent in OP(FC) and of M/S. JOY GEORGE, PRAICY
JOSEPH, TANYA JOY & ANIMMA JOSEPH, Advocates for the respondents in
IA/petitioners in OP(FC), the court passed the following:
(P.T.O.)
A.MUHAMED MUSTAQUE & SOPHY THOMAS, JJ.
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I.A.No.1 of 2023 in O.P.(FC) No.320 of 2023
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Dated this the 14th day of August, 2023
O R D E R
A.Muhamed Mustaque, J.
This application has been filed in the disposed matter
as the respondent seeks further time to adduce evidence as
he is in the ship.
2. Considering the request as above, we are of the
view that an extension of time can be granted to conclude
the evidence by three months from today. However, we also
see that the request of the petitioner-mother before this
Court.
Considering the extent of delay involved, we permit
the mother to take custody of the child temporarily on an
undertaking before the court that the child will be
produced before the court as and when the Family Court
directs. We allow the mother to take the child abroad for a
period of three months from now to Doha to be with mother.
We hereby record her passport details (W2854969, Date of
Expiry 18/07/2032, issued at Trivandrum). If we find any
violation of the undertaking, legal proceedings shall be
initiated against her. The father shall be allowed in the
meanwhile to interact with the child on every Friday and
Saturday online between 7 p.m. and 8 p.m.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SOPHY THOMAS, JUDGE
ln
14-08-2023 /True Copy/ Assistant Registrar
