Jobinson Mathew vs Riya Thomas
2024 Latest Caselaw 32686 Ker

Kerala High Court

Jobinson Mathew vs Riya Thomas on 12 November, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                                                2024:KER:85696



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
       THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                              &
        THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
                 CON.CASE(C) NO. 2706 OF 2024
AGAINST THE JUDGMENT DATED 13.09.2024 IN OP (FC) NO.571/2024



PETITIONER/PETITIONER IN OP(FC):

         JOBINSON MATHEW, AGED 38 YEARS
         S/O. MATHEW, KUNNUMALIL HOUSE,
         MAVADI KARA, MAVADI POST,
         KALAKUNTHAL VILLAGE,
         UDUMPUMCHOLA TALUK, IDUKKI,
         PIN - 685553

         BY ADV A.MUHAMMED MUSTHAFA


RESPONDENT/RESPONDENT NO.1 IN OP(FC):

         RIYA THOMAS, AGED 34 YEARS
         D/O. THOMAS MATHEW, RESIDING
         AT AANJILIVELIL HOUSE,
         NALUKODI POST, PAYIPPAD,
         THENGNA VILLAGE, CHANGANASSERI
         TALUK, KOTTAYAM DISTRICT,
         KERALA, PIN - 686548



     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                    2024:KER:85696
COC 2706/24
                                 2


                          JUDGMENT

Devan Ramachandran, J.

This Contempt Case has been filed by the petitioner, alleging

that the respondent has violated the order of this Court in O.P.

(FC)No.571/2024, by not allowing his child to be in his interim

custody from 2 P.M. on 14.09.2024 till 10 P.M. on 18.09.2024.

2. We notice from the file that, even though summons has

been validly served on the respondent, she has refused to appear

in person, or to be represented through counsel.

3. We have heard Sri.A.Muhammed Musthafa - learned

counsel for the petitioner; and find that his client has made out a

prima facie cause for this Court to act. However, we choose not

to do so because, the parties are already involved in matrimonial

disputes, and we do not propose to make it far worse.

4. As matters now stand, there are litigations between the

parties and we are told by Sri.Muhammed Musthafa that there is 2024:KER:85696

also a criminal case filed by the respondent against the petitioner.

5. Obviously, any violation of our orders will have to lead

to necessary consequences and we leave liberty to the petitioner

to invoke every such before the learned Family Court, as is

permissible.

With the afore liberty reserved, we close this Contempt

Case.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

M.B. SNEHALATHA JUDGE RR 2024:KER:85696

APPENDIX OF CON.CASE(C) 2706/2024

PETITIONER ANNEXURES

Annexure A A TRUE COPY OF THE ORDER, DATED 12.09.2024 IN OP(FC) 571 OF 2024

Annexure B A CERTIFIED COPY OF THE JUDGMENT DATED 13.09.2024 IN OP(FC) 571 OF 2024

Annexure C A TRUE COPY OF THE REPRESENTATION, DATED 14.09.2024 SUBMITTED BY THE PETITIONER BEFORE THE THRIKODITHANON POLICE STATION

Annexure D A TRUE COPY OF THE IA 4/24 IN OP(G&W) NO. 1660 OF 2023 DATED 26.03.2024 BEFORE THE FAMILY COURT, ETTUMANOOR

Annexure E A TRUE COPY OF THE IA 10/24 IN OP(G&W) NO. 1660 OF 2023 DATED 29.07.2024 BEFORE THE FAMILY COURT, ETTUMANOOR