Kerala High Court
Maju Susan Babu vs Sunil Mathew on 12 April, 2024
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
OP (FC) NO. 258 OF 2024
AGAINST THE ORDER DATED 01.04.2024 IN IA NO. 25/2024 IN
OPGW NO.122 OF 2022 OF FAMILY COURT, KOTTAYAM
PETITIONER:
MAJU SUSAN BABU,
AGED 31 YEARS, IRUPATHANCHIL HOUSE,
KILIROOR NORTH P.O.,KOTTAYAM ,
REP. BY HER POWER HOLDER AND FATHER BABU THOMAS,
SON OF THOMAS, AGED 68 YEARS,
IRUPATHANCHIL HOUSE, KILIROOR NOTH P.O.
KOTTAYAM, PIN - 686020
BY ADVS.
MOHAN IDICULLA ABRAHAM
ROY GEORGE
MARTIN D.ALUMKARA
RACHEL JOSEPH
JEEVAN J. MATHEW
SHYAMILIPRIYA P.P.
NIKHITHA T.S.
ASWATHY ROY
RESPONDENT:
SUNIL MATHEW
AGED 39 YEARS
ATTARMAKKAL HOUSE, KAYYOOR P.O.,
PALA KOTTAYAM, PIN - 686651
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
OP (FC) No.258 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner states that she is the respondent in
OP(G&W) No.122 of 2022 on the file of the Family Court, Kottayam. The
aforesaid petition has been filed by the respondent herein who is the
husband of the petitioner seeking custody of the child.
2. The petitioner states that she is presently working in
Germany and has been living separately from the respondent since 2014.
She asserts that the learned Family Court has directed the petitioner to
produce the child on 01.04.2024. According to the petitioner, Ext.P15
application has been filed by the father seeking interim custody of the
minor child. She states that she has already preferred I.A No.15 of 2023
before the Family Court seeking various prayers including the request to
send the child to Child Psychiatrist, at Kottayam Medical College.
3. The learned counsel for the petitioner submits that before
taking a decision on Ext. P15 application, the learned Family Court be
directed to consider Ext.P12.
4. Having regard to the submissions, we find that the only
order issued by the learned Family Court, which is impugned in this
petition, is to produce the child on 01.04.2024. We are not impressed
with the contention of the learned counsel that Ext.P12 application will
have to be considered first and then only the application filed by the
father should be considered. We take note of the fact that the application
has been pending since 22.05.2023. It is for the Family Court to take
appropriate decision in the matter, expeditiously, in any event, within an
outer time limit of four weeks.
This Original Petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
P.M.MANOJ
JUDGE
IAP
APPENDIX OF OP (FC) 258/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF O.P. (G&W) NO.122/2022
Exhibit P2 COPY OF OBJECTION FILED BY THE PETITIONER
Exhibit P3 TRUE PHOTOCOPY OF ORDER DATED 27.04.2022 IN
I.A. NO.2/2022 IN O.P. (G&W) NO.122/2022.
Exhibit P4 TRUE PHOTOCOPY OF CERTIFICATE ISSUED BY THE
CONSULTANT PSYCHOLOGIST IN LAST WEEK OF MAY
Exhibit P5 TRUE PHOTOCOPY OF I.A, NO.9/2023 DATED
16.03.2023.
Exhibit P6 COPY OF OBJECTION FILED BY THE PETITIONER
Exhibit P7 TRUE PHOTOCOPY OF I.A. NO.12/2023, DATED
20.04.2023.
Exhibit P8 TRUE PHOTOCOPY OF ORDER DATED 26.04.2023 IN
I.A. NO.9/2023.
Exhibit P9 TRUE PHOTOCOPY OF CERTIFICATE, DATED
12.04.2023, ISSUED BY THE PSYCHOLOGIST AT
MEDCARE MEDICAL CENTRE, MALLAPPALLY,
PATHANAMTHITTA
Exhibit P10 TRUE PHOTOCOPY OF CERTIFICATE, DATED
07.05.2023 ISSUED BY THE ABUNDANT LIFE
FELLOWSHIP CHURCH, KODIMATHA, KOTTAYAM
Exhibit P11 TRUE PHOTOCOPY OF I.A. NO.13/2023, DATED
20.05.2023 FILED BY THE PETITIONER
Exhibit P12
TRUE PHOTOCOPY OF IA NO.15/2023 DATED
22.05.2023
Exhibit P13 TRUE PHOTOCOPY OF INTERIM ORDER, DATED
26.05.2023 IN O.P. (FC) NO.283/2023 OF THE
HIGH COURT OF KERALA.
Exhibit P14 TRUE PHOTOCOPY OF INTERIM ORDER, DATED
30.05.2023 IN O.P. (FC) NO.283/2023 OF THE
HIGH COURT OF KERALA.
Exhibit P15 TRUE PHOTOCOPY OF I.A. NO.25/2024 DATED
04.03.2024
Exhibit P16 COPY OF OBJECTION DATED 15.03.2024 FILED BY
THE PETITIONER.
Exhibit P17 TRUE PHOTOCOPY OF THE I.A. NO.26/2024 DATED
01.04.2024 FILED BY THE PETITIONER.
