Kerala High Court
Veena Theresa Paul vs Paul Rajan on 13 October, 2014
Author: A.M.Shaffique
Bench: A.M.Shaffique, K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 17TH DAY OF JANUARY 2017/27TH POUSHA, 1938
OP (FC).No. 609 of 2016 (R)
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AGAINST THE ORDERIN OP 1455/2012 of FAMILY COURT,ERNAKULAM DATED
13-10-2014
PETITIONER/1ST RESPONDENT:
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VEENA THERESA PAUL
AGED 39, D/O.E.J.GEORGE, G-1504,
15TH FLOOR, G BLOCK, AJMERA INFINITY APARTMENT,
NEELADRI PARK, ELECTRONIC ITY PHASE-1,
BANGALORE - 560 100.
BY ADVS.SRI.P.BIJIMON
SRI.JACOB SAMUEL
RESPONDENT/PETITIONER:
---------------------
PAUL RAJAN
AGED 45 YEARS, MAMPILLY HOUSE,
PALM VIEW, NJARAKKAL P.O.,
VYPPIN, ERNAKULAM - 682 505.
R1 BY ADV. SRI.V.M.KURIAN
R1 BY ADV. SRI.MATHEW B. KURIAN
R1 BY ADV. SRI.K.T.THOMAS
R1 BY ADV. SRI.LITTO VARGHESE PALATHINKAL
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
17-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No. 609 of 2016 (R)
----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
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P1 THE COPY OF THE EXPARTE JUDGMENT DATED 13.10.2014 PASSED THE
FAMILY COURT AT ENRAKULAM.
P2 THE COPY OF ORDER DATED 10.4.2015 PASSED BY THIS HON'BLE COURT
IN CON CASE (C) NO. 131/2014 IN OP(FC) 4455/2013.
P3 THE COPY OF CHAMBER COUNSELLING ORDER DATED 17.8.2015 IN OP NO.
1455/2012 BY THE FAMILY COURT AT ERNAKULAM.
P4 THE COPY OF THE JUDMGENT DATED 04.4.2016 BY THIS HON'BLE COURT
IN OP(FC) 126/2016.
P5 THE COPY OF BRING UP WARRANT DATED 07.9.2016 ISSUED IN IA
4786/2015 BY FAMILY COURT AT ERNAKULAM.
P6 THE COPY OF THE PROCEEDINGS DATED 15.10.16 IN IA NO. 4786/2015
AND IA 2917/15 BY THE FAMILY COURT.
P7 THE COPY OF IA 4682/16 DATED 26.10.16 FILED BY THE PETITIONER
BEFORE THE FAMILY COURT.
P8 THE COPY OF THE PETITION NO.22/2013 DATED 7/2/2013 PENDING
BEFORE THE FAMILY COURT, BANGALORE.
P9 COPIES OF EXAM TIME TABLE FOR 20TH JUNE AND 20TH JULY AND
MEDICAL CERTIFICATE.
P10 THE COPY OF THE REPORT BY CHILD WELFARE COMMITTEE, BANGALORE.
P11 COPY OF THE REGISTERED POST ADDRESSED TO FAMILY COURT,
ERNAKULAM WITH ACKNOWLEDGEMENT.
RESPONDENT'S EXHIBITS
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R1(a): TRUE COPY OF THE ORDER DATED 10.9.2012 IN
I.A.NO.2415/2012 IN O.P.(G&W) NO.1455/2012 OF THE FAMILY
COURT, ERNAKULAM.
R1(b): TRUE COPY OF THE JUDGMENT DATED 19.12.2013 IN OP(FC)
NO.4455 OF 2013 BY HONORABLE HIGH COURT OF KERALA.
R1(c): TRUE COPY OF ORDER DATED 03.01.2014 IN TRANSFER
PETITIONS, NO.2 OF 2013 AND NO.688 OF 2013 BY HONORABLE
SUPREME COURT.
R1(d): TRUE COPY OF THE BRING-UP WARRANT DATED 31.03.2014 IN
O.P.(G&W) NO.1455/2012 ISSUED BY THE FAMILY COURT,
ERNAKULAM.
----2/-
--2--
R1(e): TRUE COPY OF THE URGENT NOTICE DATED 09.04.2014 IN O.P.
(G&W) NO.1455/2012 ISSUED BY THE FAMILY COURT, ERNAKULAM.
R1(f): TRUE COPY OF THE BRING-UP WARRANT DATED 16.04.2014 IN
O.P.(G&W) NO.1455/2012 ISSUED BY THE FAMILY COURT,
ERNAKULAM.
R1(g): TRUE COPY OF THE BRING-UP WARRANT DATED 03.05.2014 IN
O.P.(G&W) NO.1455/2012 ISSUED BY THE FAMILY COURT,
ERNAKULAM.
R1(h): TRUE COPY OF THE B DIARY IN O.P.(G&W) NO.1455/2012.
R1(i): TRUE COPY OF JUDGMENT DATED 24.07.2015 IN MAT.APPEAL
NO.1129/2014 BY HONORABLE HIGH COURT OF KERALA.
R1(j): TRUE COPY OF THE I.A.NO.3233 OF 2015 IN O.P.(G&W)
NO.1455/2012 BEFORE THE FAMILY COURT, ERNAKULAM.
R1(k): TRUE COPY OF THE I.A.NO.3234 OF 2015 IN O.P.(G&W)
NO.1455/2012 BEFORE THE FAMILY COURT, ERNAKULAM.
R1(l): TRUE COPY OF THE I.A.NO.3755 OF 2015 IN O.P.(G&W)
NO.1455/2012 BEFORE THE FAMILY COURT, ERNAKULAM.
R1(m): TRUE COPY OF ORDER DATED 25.10.2016 IN TRANSFER PETITIONS
NO.1709/2016 BY HONORABLE SUPREME COURT.
R1(n): TRUE COPY OF THE ORDER DATED 20.07.2016 IN
I.A.NO.3233/2015 IN O.P.(G&W) NO.1455/2012 OF THE FAMILY
COURT, ERNAKULAM.
R1(o): TRUE COPY OF THE ORDER DATED 27.11.2015 IN
I.A.NO.3234/2015 IN O.P.(G&W) NO.1455/2012 OF THE FAMILY
COURT, ERNAKULAM.
R1(P): TRUE COPY OF THE ORDER DATED 20.07.2016 IN
I.A.NO.3755/2015 IN O.P.(G&W) NO.1455/2012 OF THE FAMILY
COURT, ERNAKULAM.
TRUE COPY
PA TO JUDGE
A.M.SHAFFIQUE, J
&
K.RAMAKRISHNAN, J
* * * * * * * * * * * * * *
O.P (F.C) No.609 of 2016
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Dated this the 17th day of January 2017
J U D G M E N T
Shaffique, J This original petition is filed challenging the proceedings in the judgment dated 13/10/2014 in O.P.No.1455/2012, which is an ex parte judgment by which direction had been issued by the Family Court to appoint the respondent, who is the father, as the guardian of the person of the minor children Shruthi Elizabeth Paul, Annika Alphina Paul and Kiarra Angel Paul. Petitioner herein was directed to hand over custody of the minor child to the respondent herein.
2. Petitioner had also challenged the further directions issued by the Family Court directing the children to be produced by issuing the warrant dated 07/09/2016 produced as Ext.P5.
3. During the course of argument, it was mentioned that applications were pending before the Family Court for setting aside the ex parte judgment. Now, it is mentioned by the learned counsel appearing on either side that the said applications were O.P.(F.C) No.609/2016 2 dismissed for default and two fresh applications were filed for restoring the applications which were dismissed for default and to condone the delay. It is also submitted by the learned counsel appearing for the petitioner that a transfer petition has been filed before the Apex Court which is also pending consideration.
4. Be that as it may, the issue involved in the original petition is with reference to the direction issued by the Family Court to produce the children before the said Court. Learned counsel appearing for the respondent would however submit that so far he was not permitted to see his children despite the judgment being passed. According to him, his only intention to see his children, is not being permitted by the petitioner.
5. In so far as the factual issues involved in the case are concerned, since, presently certain applications are pending before the Family Court, it would be appropriate to dispose of the original petition in the following manner:
i) That the Family Court shall consider the applications filed by the petitioner for restoration of I.A.No.3233/2015 and 3234/2015 in O.P.No.1455/2012 and also the application to condone the delay and pass an appropriate order within a period O.P.(F.C) No.609/2016 3 of two months from the date of receipt of a copy of this judgment.
ii) Until such time, further proceedings pursuant to the judgment dated 13/10/2014 shall be kept in abeyance.
Iii) Disposal of this original petition does not preclude the respondent herein from filing necessary application before the Family Court to see the children and for that purpose, it shall be open for the Family Court to pass appropriate orders especially in the light of Ext.P4 judgment.
(sd/-) (A.M.SHAFFIQUE, JUDGE) (sd/-) (K.RAMAKRISHNAN, JUDGE) jsr