Kerala High Court
Renny Elizabeth Oommen vs Amrit Raj Baby on 26 December, 2023
Author: P Gopinath
Bench: P Gopinath
OP (FC) No.709/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
&
THE HONOURABLE MR. JUSTICE G.GIRISH
Tuesday, the 26th day of December 2023 / 5th Pousha, 1945
OP (FC) NO. 709 OF 2023(R)
ORDER DATED 20.12.2023 IN I.A.42/2023 IN OPGW 951/2021 OF FAMILY COURT,
MAVELIKKARA
PETITIONERS/COUNTER PETITIONERS/RESPONDENTS:
1. RENNY ELIZABETH OOMMEN, AGED 34 YEARS, D/O. OOMMEN PAUL,
KOTTUVILAYIL HOUSE, ERAMATHOOR P.O., MANNAR, THRIPPERUMTHURA
VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT, PIN - 689 622.
2. FR. OOMMEN PAUL @ SHAJI PAUL, AGED 65 YEARS, S/O K.O.PAUL,
KOTTUVILAYIL HOUSE, ERAMATHOOR P.O., MANNAR, THRIPPERUMTHURA
VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT, PIN - 689 622.
3. MARIAMMA OOMMEN, AGED 64 YEARS, W/O. FR. OOMMEN PAUL, KOTTUVILAYIL
HOUSE, ERAMATHOOR P.O., MANNAR, THRIPPERUMTHURA VILLAGE, MAVELIKKARA
TALUK, ALAPPUZHA DISTRICT, PIN - 689 622.
RESPONDENT/PETITIONER/1ST PETITIONER:
AMRIT RAJ BABY, AGED 39 YEARS, S/O. LATE RAJAN B. VARGHESE, MELETHIL
HOUSE, THATTAYIL P.O., PANDALAM THEKKEKKARA VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN - 691 525.
OP (Family Court) praying inter alia that in the circumstances
stated in the affidavit filed along with the OP (FC) the High Court be
pleased to stay Ext.P6 order, pending disposal of the Original Petition
(FC)
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP (FC) and upon hearing the arguments
of M/S. JOHN K.GEORGE & M.A.PRABHU, Advocates for the petitioners, the
court passed the following:
P.T.O.
OP (FC) No.709/2023 2/4
GOPINATH P & G.GIRISH., JJ.
================
O.P.(FC) No.709 of 2023
=================
Dated this the 26th day of December, 2023.
ORDER
GOPINATH P, J.
Learned counsel appearing for the petitioners would
submit that the earlier order dated 05.05.2022 (common
order in I.A Nos.2, 3 and 6 of 2021) of the Family Court,
Mavelikara in OP (G & W) No.951 of 2021 was modified by
this Court through Ext.P3 judgment in OP (FC) No.277 of
2022. It is submitted that a reading of Ext.P3 judgment of
this Court indicates that the present order of the Family
Court, Mavelikara (Ext.P6) in I.A. No.42 of 2023 in
OP(G&W) No.951of 2021 runs counter to the findings of this
Court in Ext.P3 judgment in O.P(FC) No.277 of 2022. It is
specifically pointed out that this Court had in Ext.P3
judgment come to the conclusion that the interim order of
this Court dated 20.05.2022 in O.P.(FC) No.277 of 2022 will
continue till the disposal of O.P.(G &W) No.951 of 2021.
2. Taking into consideration the above submissions
of the learned counsel appearing for the petitioners, this
Original Petition is admitted. Issue notice by speed post to
the respondent.
3. Though the learned counsel appearing for the
petitioners would submit that Ext.P6 order dated 20.12.2023
of the Family Court, Mavelikara is to be stayed, we are not
inclined to grant an ex parte order of stay, especially taking
into consideration the fact that while modifying clause (1)
and (2) of the order of the Family Court, Mavelikara in O.P.
(FC) No.951 of 2021, this Court has also indicated that all
other clauses will remain to operate. Clause (5) of the order
of the Family Court in O.P.(G &W) No.951 of 2021 permitted
the respondent herein to file separate application on 'special
occasions such as Christmas, birthdays, etc'. Moreover, the
custody of the children have been given only till 28.12.2023.
Therefore, we decline the interim relief. Post immediately
after service of notice.
Sd/-
GOPINATH P.
JUDGE
Sd/-
G.GIRISH
JUDGE
ajt
26-12-2023 /True Copy/ Deputy Registrar
APPENDIX OF OP (FC) 709/2023
Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 22/12/2022 IN
O.P.(FC) NO. 277/2022 OF THIS HON'BLE COURT.
Exhibit P6 TRUE COPY OF THE ORDER DATED 20/12/2023 IN
I.A.NO.42/2023 IN OP.(G&W) NO. 951/2021 OF THE FAMILY
COURT, MAVELIKKARA.
26-12-2023 /True Copy/ Deputy Registrar
