Kerala High Court
Aswani M vs Ramesh V on 3 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR.JUSTICE EASWARAN S.
Friday, the 3rd day of May 2024 / 13th Vaisakha, 1946
IA.NO.1/2024 IN MAT.APPEAL NO.125 OF 2024
OP 1322/2022 OF FAMILY COURT, MALAPPURAM.
APPLICANTS/APPELLANTS:
1. ASWANI M., D/O.PEETHAMBARAN, AGED 29 YEARS, MARUKARA(H),
KUNNAPPAILLI.P.O., PERINTALMANNA TALUK, MALAPPURAM DISTRICT-679322.
2. PEETHAMBARAN, AGED 55 YEARS, MARUKARA(H), KUNNAPPAILLI.P.O.,
PERINTALMANNA TALUK, MALAPPURAM DISTRICT-679322.
3. BINDU VALIYAPURAKKAL, 49, W/O.PEETHAMBARAN, MARUKARA(H),
KUNNAPPAILLI.P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679322.
RESPONDENT/RESPONDENT:
RAMESH V., S/O.AYYAPPAN, AGED 38 YEARS, VALAPPIL(H),
MOONAMPADY.P.O., ERANAD TALUK, MALAPPURAM DISTRICT-676505.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
of judgment in the O.P.No.1322/2022 dated 30-11-2023 on the files of the
Family Court, Malappuram.
This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and upon perusing this Court's
order dated 30.04.2024, and upon hearing the arguments of M/S.
K.N.ABHILASH, SUNIL NAIR PALAKKAT, RITHIK S.ANAND, RISHI VARMA.T.R., ANU
PAUL and SREELAKSHMI MENON.P., Advocates for the applicants, and of M/S.
R.RANJITH(MANJERI) and K.S.SREEJA Advocates for the respondent, the Court
passed the following:
p.t.o.
DEVAN RAMACHANDRAN & EASWARAN S., JJ.
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I.A.No.1 of 2024 in Mat.Appeal No.125 of 2024
-------------------------------------
Dated this the 3rd day of May, 2024
O R D E R
Easwaran S., J.
Read order dated 30.4.2024.
2. The first appellant had filed an affidavit in
pursuance to the direction issued by us. Paragraph
No.3 of the said affidavit is extracted herein below:
"3. That I have already obtained admission
for my younger child 'Arav Dev' at 1st Standard in
Global Indian School, Ajman, UAE. Classes for him
have already started, and he regularly attends
classes. The elder child master 'Abhinav Dev' also
got admission to the same school at 5th standard,
but his admission shall be completed only in
September. The younger child, Arav Dev, resides
with me, and the elder child will be brought to
UAE in August. I swear that I shall make all
endeavors to provide maximum education to my
children. After my divorce in 2021, I continued my
studies and obtained a diploma course in AAPC
along with MBA. I now have a permanent job,
working as a certified medical coder at NMC
Medical Centre at Sharja. Now, I am better
positioned to take care of my children and give
them a better education."
3. We had an occasion to interact with the
children of the 1st appellant/1st applicant and the
respondent. Both of them expressed their non-
willingness to go along with their father for
overnight custody.
IA No.1/24 in Mat.Appeal 125/24
4. Considering the welfare of the minor
children, we are of the considered view that the 1 st
appellant is entitled to get interim relief during
the pendency of the Matrimonial Appeal. Hence, the
operation of the judgment of the Family Court,
Malappuram in O.P No.1322 of 2022 dated 30.11.2023 is
stayed till the disposal of the Matrimonial Appeal.
5. The 1st appellant/1st applicant is directed to
strictly adhere to the undertaking given by her in
the affidavit, as extracted above.
6. We make it clear that if it is brought to our
notice that there is any violation as regards her
undertaking contained in paragraph No.3 of the
affidavit as extracted above, we will be constrained
to re-call this interim order.
Post the Mat. Appeal on 4.6.2024 as per roster.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
EASWARAN S.
JUDGE
jg
03-05-2024 /True Copy/ Assistant Registrar
