Kerala High Court
Tisho C.George vs Vinod Kumar Varghese
Bench: V.K.Mohanan, K.Harilal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
&
THE HONOURABLE MR.JUSTICE K.HARILAL
SATURDAY, THE 20TH DAY OF DECEMBER 2014/29TH AGRAHAYANA, 1936
OP (FC).No. 546 of 2014 (R)
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OP 888/2013 of FAMILY COURT, KOTTAYAM.
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PETITIONER(S):
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TISHO C.GEORGE, AGED 33 YEARS
NADUCHIRA HOUSE, VEROOR P.O., CHANGANASSERY TALUK
KOTTAYAM DISTRICT.
BY ADV. SRI.E.D.GEORGE
RESPONDENT(S):
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VINOD KUMAR VARGHESE, AGED 37 YEARS
S/O.VARGHESE, CHAKKALAYIL HOUSE
THRIKKODITHANAM VILLAGE, CHANGANASSERY TALUK-686104.
R1 BY ADV. SRI.SIBY CHENAPPADY
R1 BY ADV. SMT.ANU GEORGE
R1 BY ADV. SRI.C.JOSEPH JOHNY
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 20-12-2014, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No. 546 of 2014 (R)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1: TRUE COPY OF THE PETITION FOR CUSTODY OF THE MINOR GIRL FILED BEFORE
THE FAMILY COURT, KOTTAYAM.
P2: TRUE COPY OF THE WRITTEN STATEMENT IN OP (G&W)888/2013.
P3: TRUE COPY OF THE EXTRACT OF THE 'A'DIARY PROCEEDINGS IN OP(G&W)888/13
OF FAMILY COURT, ETTUMANOOR, DATED 20.5.14.
P4: TRUE COPY OF IA.2042/2014 IN G7W OP.NO.888/13 FOR INTERIM CUSTODY OF
THE CHILD, FILED BEFORE THE FAMILY COURT, KOTTAYAM
RESPONDENT(S)' EXHIBITS : NIL
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OKB
TRUE COPY
P.A. TO JUDGE
V.K.MOHANAN & K.HARILAL, JJ.
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O.P(FC). No.546 of 2014
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Dated this the 20th day of December, 2014
JUDGMENT
Mohanan, J.
The petitioner herein preferred O.P.(G&W) No.888/13 before the Family Court, Ettumanoor to declare herself as the guardian of her minor daughter, namely Aneesha Anna Vinod. During the pendency of the above writ petition in the trial court, the petitioner herein had preferred I.A. No.2042/14 before the said court for interim custody of the said child. The grievance now projected by the petitioner in this original petition is that though she had approached the court below for interim custody of the child, no such custody is granted and the interlocutory application is not considered properly and no order is passed thereon.
2. We heard the learned counsel for the petitioner and the learned counsel appearing for the respondent. In pursuance to our order dated 12/12/2014 the ward is produced before us and we have interacted with the girl, who is aged 9 years and studying at 4th standard.
O.P(FC).546/14-R :2:
3. Having regard to the facts and circumstances of the case, we are of the view that, instead of passing any order as prayed for, the Family Court can be directed to consider I.A. No. 2042/14 pending in that court and to consider the request of the petitioner for interim custody on merit and to pass appropriate orders.
4. In the result, this original petition is disposed of directing the Family Court, Kottayam at Ettumanoor to take up I.A. No.2042/14 and, after hearing the parties to the above I.A., dispose the same on merit within a period of 45 days from the date of producing the certified copy of this judgment.
This original petition is disposed of as above.
Sd/-
(V.K.MOHANAN, JUDGE) Sd/-
(K.HARILAL, JUDGE) okb.
//True copy// P.A. to Judge