Kerala High Court
Nanoosh Kumar.E.U vs Haseena Rani on 13 September, 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
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
OP (FC) NO. 584 OF 2024
AGAINST THE ORDER DATED 22.05.2024 IN OPGW NO.64 OF 2024 OF
FAMILY COURT, MAVELIKKARA
PETITIONER/PETITIONER:
NANOOSH KUMAR.E.U, AGED 32 YEARS
S/O. UDAYAKUMAR, EDATHAMARA PARAMBIL, MUTTATHIL LANE,
KADAVANTHRA, ERNAKULAM, PIN - 682020
KALAM PASHA B.
VISHAKHA J.
RESPONDENT/RESPONDENT:
HASEENA RANI, AGED 28 YEARS
D/O BABU, PUTHAN VEEDU, THAMALLAKKAL HOUSE,
KUMARAPURAM, - KARTHIKAPALLI TALUK, ALAPPUZHA
DISTRICT., PIN - 690548
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:70475
OP (FC) NO. 584 OF 2024
2
JUDGMENT
Devan Ramachandran, J.
The petitioner impugns Ext.P7 on various grounds, but
primarily that he had not given any consent for the interim
custody of the child, as has been recorded therein.
2. Sri.Kalam Pasha, appearing for the petitioner,
vehemently argued that, as has been impelled in Ground No.O of
this Original Petition, his client had made no concession before
the learned Family Court; but that it still went on to record so in
Ext.P7 and to issue the said order. He thus reiteratingly prayed
that Ext.P7 be set aside.
3. We are afraid that, normally, this Court will not
entertain challenge against an order which is conceded. If the
petitioner has a case that he did not make any concession,
obviously, it was for him to move the learned Family Court itself
by filing an appropriate application, including for review of
Ext.P7.
4. Presumably, being aware of the mind of this Court as
afore, Sri.Kalam Pasha submitted that his client's interest is only
the welfare of his child and nothing more; and therefore, that he
will move the learned Family Court with an appropriate
2024:KER:70475
OP (FC) NO. 584 OF 2024
application against Ext.P7. He sought liberty for him to do so;
with a concomitant prayer that the said Court be directed to
consider any such application within the shortest period of time.
In the afore circumstances, and adverting to the
submissions of Sri.Kalam Pasha as above, we close this Original
Petition, however, reserving full liberty to the petitioner to
invoke every remedy that he may have against Ext.P7, including
for its review; and if it is so done within a period of two weeks
from the date of receipt of a copy of this judgment, the same
shall be considered by the learned Court, after affording
necessary opportunity to both sides, thus culminating in an
appropriate order on it as expeditiously as is possible, but not
later than one month thereafter.
Sd/- DEVAN RAMACHANDRAN
JUDGE
Sd/- M.B. SNEHALATHA
JUDGE
stu
2024:KER:70475
OP (FC) NO. 584 OF 2024
APPENDIX OF OP (FC) 584/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE BIRTH CERTIFICATE OF THE
CHILD ISSUED BY THE REGISTRAR OF BIRTHS AND
DEATHS, COCHIN CORPORATION DATED 10.03.2023
Exhibit P2 THE TRUE COPY OF PSYCHOLOGICAL REPORT ISSUED
BY THE CLINICAL PSYCHOLOGIST OF MIBO HEALTH
AND HAPPINESS CARE PVT.LTD., EDAPPALLY DATED
17.03.2023
Exhibit P3 THE TRUE COPY OF MEDICAL REPORT ISSUED FROM
THE GENERAL HOSPITAL, ERNAKULAM DATED
10.02.2023
Exhibit P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY
DR.A.J.JOHN, PSYCIATRIST, NAKKDADA MISSION
HOSPITAL, RAMANCHIRA, THIRUVALLA DATED
30.08.2022
Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN O.P.(MMA)
NO.1003/2024 DATED 03.07.2024
Exhibit P6 THE TRUE COPY OF THE O.P. (G&W) NO.64 OF 2024
DATED 11.01.2024
Exhibit P7 TRUE COPY OF THE ORDER IN I.A.2/2024 IN O.P.
(G&W) NO.64 OF 2024 DATED 22.05.2024
Exhibit P8 THE TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER TO THE PRINCIPAL CHIEF
MECHANICAL ENGINEER, SOUTHERN RAILWAY DATED
20.09.2023
Exhibit P9 THE TRUE COPY OF THE TRANSFER ORDER ISSUED BY
THE PRINCIPAL CHIEF PERSONNEL OFFICER,
SOUTHERN RAILWAY, CHENNAI DATED 17.07.2024
Exhibit P10 14. THE PHOTOGRAPH OF THE CHILD WITH BURN
INJURY
