Kerala High Court
Vineet Ganesh vs Priyanka Vasan, Nee Priyanka Vineet ... on 2 September, 2022
Author: Anil K. Narendran
Bench: Anil K. Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944
O.P.(FC)NO.456 OF 2022
IN O.P.(FC)NO.1113 OF 2022 OF FAMILY COURT, ERNAKULAM
PETITIONER:
VINEET GANESH,
AGED 42 YEARS, S/O A. GANESH,
RESIDING AT A-12 FLOOR, DEVIDAS MANSION, BOMAN KAWASJI
BEHRAM MARG, COLABA, MUMBAI, MAHARASHTRA., PIN - 400 001
BY ADVS.
ARUN SAMUEL
JITHIN BABU A
RESPONDENTS:
1 PRIYANKA VASAN, NEE PRIYANKA VINEET GANESH,
AGED 37 YEARS, D/O DATED SRI. P.V. VASAN,
FLAT NO.1A, LINK HEIGHTS, PANAMPILLY NAGAR, KOCHI, KERALA,
PIN - 682036
2 THE CHILD WELFARE COMMITTEE, ERNAKULAM,
BORSTAL SCHOOL, ECHAMUKU, KUNNUMPURAM, PADAMUGHAL,
VAZHAKKALA, KAKKANAD, KERALA-682037. ADDL. R2 IS SUO MOTU
IMPLEADED AS PER THE ORDER DATED 17/08/2022 IN OP(FC)
NO.456/2022.
BY ADVS.
SAIBY JOSE KIDANGOOR
PRAMITHA AUGUSTINE
IRINE MATHEW
ADITHYA KIRAN V.E
ANJALI NAIR
NAAIL FATHIMA ABDULLA A.
TANOOSHA PAUL
BENNY ANTONY PAREL
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 02.09.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC)NO.456 OF 2022
2
JUDGMENT
Anil K. Narendran, J.
The petitioner has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the respondent to produce the minor child before this Court and to comply with Exts.P2 judgment and P3 decree in O.P.No.1113 of 2022.
2. On 12.08.2022 when this original petition came up for admission, this Court directed the Registry to number the original petition and post before the Bench on that day itself and notice by special messenger was ordered to the respondent.
3. On 17.08.2022 this Court noticed that though notice was served on the respondent, there was no appearance. The Child Welfare Committee was suo motu impleaded as additional 2nd respondent and the learned Government Pleader took notice for the additional 2nd respondent. The Child Welfare Committee was directed to trace out the child and cause production of the child before this Court by the next posting. The jurisdictional Police was directed to assist the Child Welfare Committee to ensure that the child is produced before this Court and the matter O.P.(FC)NO.456 OF 2022 3 was listed to 22.08.2022.
4. On 20.08.2022, the respondent has filed a counter affidavit opposing the reliefs sought for in this original petition.
5. On 22.08.2022, this Court allowed the father to have company with the child till 04:00 p.m. and it was also directed that the child should not be taken beyond Ernakulam. The child was produced back by the father at 04:00 p.m. and thereafter, custody of the child was given to the mother.
6. Today, when this matter is taken up for consideration, the learned counsel for the petitioner would submit that the relief sought for in this original petition has become infructuous and therefore, the same may be dismissed as infructuous.
Accordingly, recording the above submission made by the learned counsel for the petitioner, this original petition is dismissed as infructuous.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE MIN O.P.(FC)NO.456 OF 2022 4 APPENDIX OF O.P.(FC)NO.456/2022 PETITIONER'S EXHIBITS:
EXHIBIT1 A TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 31/07/2007 OF THE PETITIONER AND THE RESPONDENT EXHIBIT2 A TRUE COPY OF THE JUDGMENT DATED 25/07/2022 PASSED BY THE FAMILY COURT, ERNAKULAM IN O. P. NO. 1113 OF 2022 EXHIBIT3 A TRUE COPY OF THE DECREE DATED 25/07/2022 PASSED BY THE FAMILY COURT, ERNAKULAM IN O. P. NO. 1113 OF 2022 EXHIBIT4 A TRUE COPY OF THE EX PARTE AD INTERIM ORDER DATED 22/07/2020 PASSED BY THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S (ECONOMIC OFFENCES) COURT, ERNAKULAM IN THE MC CASE EXHIBIT5 A TRUE COPY OF THE ORDER DATED 02/07/2021 PASSED BY THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S (ECONOMIC OFFENCES) COURT, ERNAKULAM IN THE MC CASE RESPONDENTS' EXHIBITS:
EXHIBIT R1 TRUE COPY OF THE I.A.NO.4954/2022 IN O.P.NO.1113/2022 OF THE FAMILY COURT, ERNAKULAM DATED 16.8.2022 EXHIBIT R1(A) TRUE COPY OF THE ORDER PASSED BY THE HONOURABLE ADDL. CHIEF JUDICIAL MAGISTRATE COURT, (EO) AT ERNAKULAM DATED 2.7.2022