Kerala High Court
Aswathi A vs Dwipin V Nair on 3 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
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
OP (FC) NO. 184 OF 2024
OP NO.614 OF 2023 OF FAMILY COURT,KOZHIKODE
PETITIONER/PETITIONER:
ASWATHI A.
AGED 34 YEARS
D/O VENUGOPAL, FLAT NO.4, NEW LIFE APARTMENT, 5TH
MILE, VELLIPARAMBU P.O., MEDICAL COLLEGE, KOZHIKODE
DISTRICT, PIN - 673008
BY ADVS.
ADITHYA RAJEEV
S.PARVATHI
SAFA NAVAS
RESPONDENT/RESPONDENT:
DWIPIN V NAIR
AGED 40 YEARS
S/O VELAYUDHAN NAIR, MUNNAS, 6/2 MILE, VELLIPARAMBA,
MEDICAL COLLEGE P.O, KOZHIKODE DISTRICT.,
PIN - 673008
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(FC) No.184 of 2024 2
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner herein is the petitioner is O.P No.614 of 2023 on the
file of the Family Court, Kozhikode, which petition was filed seeking to
appoint her as guardian of the minor child and for consequential reliefs.
2. The grievance of the petitioner in this Original Petition is that
the respondent is refusing to comply with the directions issued by the
Court. It is on these assertions that this writ petition is filed seeking the
following reliefs:
i. To direct the Family Court, Kozhikode to expeditiously
initiate proceedings against the Respondent as contemplated under
Section 45 of the Guardian and Wards Act for continuously violating
the directions issued Exts P5 and P9 orders of the Family Court.
ii. To direct the Family Court, Kozhikode to expeditiously
consider I.A. No. 9 of 2023 in O.P. No. 614 of 2023, within a time
frame as may be prescribed by this Hon'ble Court;
iii. To direct the Family Court, Kozhikode to expeditiously
consider I.A. No. 10 of 2023 in O.P. No. 614 of 2023, within a time
frame as may be prescribed by this Hon'ble Court;
iv. To direct the Family Court, Kozhikode to expeditiously
consider I.A. No. 18 of 2023 in O.P. No. 614 of 2023, within a time
frame as may be prescribed by this Hon'ble Court;
v. To direct the Family Court, Kozhikode to expeditiously
consider I.A. No. 19 of 2023 in O.P. No. 614 of 2023, within a time
frame as may be prescribed by this Hon'ble Court
3. We find that the petitioner has already preferred I.A
Nos.9,10,18 and 19 of 2023 before the Family Court and those applications
are pending. We are of the view, necessary directions can be issued to the
Family Court to consider the applications and take a decision expeditiously.
Having regard to the facts, the Family Court, Kozhikode is directed to
take up I.A Nos.9,10,18 and 19 of 2023 registered and pending on the files
of the said court and pass appropriate orders expeditiously, in any event,
within an outer time frame of 6 weeks.
This Original Petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sd/-
P.M.MANOJ
JUDGE
IAP
APPENDIX OF OP (FC) 184/2024
PETITIONER'S EXHIBITS:
Exhibit-P1 A TRUE COPY OF O.P NO. 614 OF 2023 BEFORE
THE FAMILY COURT KOZHIKODE DATED 18.04.2023
Exhibit-P2 A TRUE COPY OF THE PETITION AND AFFIDAVIT
IN IA NO.2/2023 IN O.P. NO.614 OF 2023
BEFORE THE FAMILY COURT KOZHIKODE DATED
18.04.2023
Exhibit-P3 A TRUE COPY OF THE COUNTER STATEMENT IN IA
NO.2 OF 2023 IN O.P. NO.614 OF 2023 BEFORE
THE FAMILY COURT, KOZHIKODE DATED
27.04.2023
Exhibit-P4 A TRUE COPY OF THE AFFIDAVIT ALONG WITH
PETITION DATED 19.06.2023 IN I.A NO.7 OF
2023 IN O.P. NO.614 OF 2023 BEFORE THE
FAMILY COURT, KOZHIKODE
Exhibit-P5 A TRUE COPY OF THE ORDER IN I.A NO.7 OF
2023 IN O.P. NO.614 OF 2023 OF THE FAMILY
COURT KOZHIKODE DATED 05.07.2023
Exhibit-P6 A TRUE COPY OF THE AFFIDAVIT ALONG WITH THE
PETITION DATED 15.07.2023 IN I.A. NO. 9 OF
2023 IN O.P. NO. 614 OF 2023 BEFORE THE
FAMILY COURT, KOZHIKODE
Exhibit-P7 A TRUE COPY OF THE AFFIDAVIT ALONG WITH THE
PETITION DATED 19.08.2023 IN I.A. NO. 10 OF
2023 IN O.P. NO. 614 OF 2023 BEFORE THE
FAMILY COURT KOZHIKODE
Exhibit-P8 A TRUE COPY OF THE AFFIDAVIT DATED
11.09.2023 IN I.A NO. 15 OF 2023 IN O.P NO.
614 OF 2023 BEFORE THE FAMILY COURT
KOZHIKODE
Exhibit-P9 A TRUE COPY OF THE ORDER IN I.A NO. 15 OF
2023 IN O.P NO. 614 OF 2023 OF THE FAMILY
COURT KOZHIKODE DATED 20.09.2023
Exhibit-P10 A TRUE COPY OF THE STATEMENT DATED
30.09.2023 FILED BY THE PETITIONER IN O.P.
NO. 614 OF 2023 BEFORE THE FAMILY COURT,
KOZHIKODE
Exhibit-P11 A TRUE COPY OF THE AFFIDAVIT ALONG WITH THE
PETITION DATED 20.10.2023 IN I.A. NO. 18 OF
2023 IN O.P. NO. 614 OF 2023 BEFORE THE
FAMILY COURT, KOZHIKODE
Exhibit-P12 A TRUE COPY OF THE COUNTER STATEMENT FILED
BY THE RESPONDENT IN I.A. NO. 18 OF 2023 IN
O.P NO. 614 OF 2023 DATED 16.11.2023 BEFORE
THE FAMILY COURT, KOZHIKODE
Exhibit-P13 A TRUE COPY OF THE STATEMENT DATED
25.11.2023 FILED BY THE PETITIONER IN O.P.
NO. 614 OF 2023 BEFORE THE FAMILY COURT,
KOZHIKODE
Exhibit-P14 A TRUE COPY OF THE AFFIDAVIT ALONG WITH THE
PETITION DATED 16.12.2023 IN I.A NO. 19 OF
2023 IN O.P. NO. 614 OF 2023 BEFORE THE
FAMILY COURT, KOZHIKODE
Exhibit-P15 A TRUE COPY OF THE ONLINE CASE STATUS IN
O.P. NO.614 OF 2023 OF THE FAMILY COURT
KOZHIKODE, AS AVAILABLE IN THE OFFICIAL
WEBSITE OF THE DISTRICT COURTS (E-COURTS)
