Kerala High Court
Dr. Dileep P vs Midhula R on 2 November, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
OP (FC) NO. 670 OF 2024
AGAINST THE JUDGMENT IN GOP NO.17 OF 2023 OF FAMILY COURT,
CHAVARA
PETITIONER/PETITIONER IN THE OP:
DR. DILEEP P
AGED 39 YEARS
S/O. LATE PADMANABHAN NAIR, VADATHITTAYIL HOUSE,
VALAYANCHIRANGARA KARA, KUNNATHUNADU TALUK, ERNAKULAM
DISTRICT, PIN - 683556
BY ADVS.
BABY THOMAS
GEORGE T.J
MARIAMMA JOSEPH
INDRAJITH S KAIMAL
ALICIA JOSE
AISWARYARAJ
JOHNY GEORGE
ALBERTHOVE FRANCIS.M.G.
RESPONDENT/RESPONDENT IN THE OP:
MIDHULA R
AGED 32 YEARS
D/O. LATE RAVEEENDRAN, RAVIPADMAM HOUSE,
PALLANCHATHANUR, MATHUR GRAMA PANCHAYATH, PALAKKAD,
PIN- 678571 PRESENTLY RESIDING AT PERUMANA HOUSE,
AADHINAADU NORTH, KARUNAGAPALLY P.O., KOLLAM DISTRICT,
PIN - 690518
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
02.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (FC) NO. 670 OF 2024
2
JUDGMENT
DEVAN RAMACHANDRAN (J)
The singular prayer of the petitioner as
made by his learned counsel - Smt.Alicia Jose
today, is that the learned Family Court,
Chavara, be directed to take up Ext.P5
application - wherein, he had sought for
modification of an earlier order relating to
the custody of his child - and dispose it of,
within a time frame to be fixed, without any
avoidable delay.
2. We notice that Ext.P5 is stated to
have been filed on 01.11.2023. Normally, such
an application ought to have been disposed of
earlier, but we are certain that there would be
sufficient reason for the learned Family Court
in not having done so.
3. We are, therefore, of the firm
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OP (FC) NO. 670 OF 2024
view that we will be justified in directing the
learned Family Court to take up Ext.P5 and
dispose it off without any avoidable delay, if
it is still pending.
4. Since we propose to grant only the
afore limited relief, we are of the opinion
that it is not necessary for us to issue notice
to the respondent, since she would not be
prejudiced.
In the afore circumstances, we allow
this Original Petition, to the limited extent
of directing the learned Family Court to take
up and dispose of Ext.P5 application - if it is
still pending - after affording necessary
opportunities of being heard to both sides, as
expeditiously as is possible, but not later
than two months from the date of receipt of a
copy of this judgment.
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OP (FC) NO. 670 OF 2024
We, however, clarify that we have not
entered into the merits of any other rival
contention and all of them are left open.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B. SNEHALATHA
JUDGE
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OP (FC) NO. 670 OF 2024
APPENDIX OF OP (FC) 670/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION FILED BEFORE THE
FAMILY COURT AT PALAKKAD IN O.P NO. 17/2023
UNDER SECTION 25 OF THE GUARDIANS AND WARDS
ACT DATED 25/4/2022
Exhibit P2 TRUE COPY OF THE JUDGMENT IN TR.PC NO.
680/2022 DATED19.01.2023
Exhibit P3 TRUE COPY OF THE FIR IN CRIME NO. 881/2022 OF
OCHIRA POLICE STATION DATED 01.11.2022
Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED
20.12.2022 IN TR.P(C) NO. 680/2022
Exhibit P5 TRUE COPY OF THE PETITION IN I.A NO. 10/2023
IN OP(GW) NO.17/2023 BEFORE THE FAMILY COURT,
CHAVARA DATED 01.11.2023
Exhibit P6 TRUE COPY OF THE PETITION IN I.A NO.11/2023
IN OP(GW) NO.17/2023 BEFORE THE FAMILY COURT,
CHAVARA DATED 1.11.2023
Exhibit P7 TRUE COPY OF THE PETITION IN I.A NO.12/2024
IN OP(GW) NO.17/2023 BEFORE THE FAMILY COURT,
CHAVARA ON 16.08.2024
