Kerala High Court
N.R.Prasad vs Prameela
Author: Alexander Thomas
Bench: Antony Dominic, Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 3RD DAY OF FEBRUARY 2014/14TH MAGHA, 1935
RP.No. 809 of 2014 () IN Mat.Appeal.503/2013
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REVIEW PETITIONER(S)/RESPONDENT:
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N.R.PRASAD
S/O NARAYANA IYER, RESIDING AT JASPER INTERNATIONAL
A-1, JAY CHAMBERS, OFF WESTERN EXPRESS HIGHWAY
SERVICE ROAD, VILE PARLE (E) MUMBAI
BY ADVS.SRI.SUNIL NAIR PALAKKAT
SRI.K.N.ABHILASH
SRI.R.D.SHENOY (SR.)
RESPONDENT(S)/APPELLANT:
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PRAMEELA, AGED 45 YEARS
D/O RAMACHANDRAN, RESIDING AT PRATYUSHA
PARAMESH NAGAR, OLAVAKKODE, PALAKKAD 678002
BY SMT.A.K.PREETHA
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18.12.2014, THE
COURT ON 03-02-2015 PASSED THE FOLLOWING:
ANTONY DOMINIC & ALEXANDER THOMAS, JJ.
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R.P.No. 809/2014
(Arising out of judgment dated 30.9.2014 in Mat. Appeal No.503/2013)
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Dated this the 3rd day of February, 2015
ORDER
ALEXANDER THOMAS, J.:
The respondent in Matrimonial Appeal No.503/2013 has filed this Review Petition seeking review of the judgment dated 30.9.2014 rendered in that Appeal.
2. The above said Matrimonial Appeal was filed by the respondent in this Review Petition, to impugn the judgment dated 27.4.2013 in O.P.No.45/2010 on the file of the Family Court, Palakkad. The appellant mother had filed the said O.P.No.45/2010 before the court below under Secs.6 and 13 of the Hindu Minority and Guardianship Act read with Sec.25 of the Guardian and Wards Act for custody of her minor son. The marriage between the parties was solemnized on 8.11.1990 and due to marital disputes, they are now living separately. The child is now studying at Mumbai. The Family Court as per the impugned judgment dated 27.4.2013 considered the preliminary issue regarding the territorial jurisdiction of the court and held that the court in Mumbai is having jurisdiction R.P.809/14 - : 2 :-
to entertain the petition filed under the Guardians and Wards Act. The Matrimonial Appeal was admitted by this Court on 29.7.2013 and Sri.T.Krishnan Unni, learned Senior Counsel instructed by Sri.P.S.Appu, learned counsel, had appeared on behalf of the respondent in the appeal. Pending appeal, the Division Bench (in which one of us, viz., Alexander Thomas,J. was a member), made several attempts to settle the disputes between the parties. Though the learned Senior Counsel appearing the respondent in the appeal had initially made submissions regarding the aspects relating to territorial jurisdiction of this Court, later no such objections were raised before the Bench. The Bench had interacted with parties on 14.7.2014 and had passed order dated 14.7.2014, which reads as follows:b