REKHA K.P., v. SHAJU M.,
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN,HONOURABLE MR. JUSTICE T.R.RAVI
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-22. REKHA K.P., v. SHAJU M.,. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE K. VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE T. R. RAVI TUESDAY, THE 22ND DAY OF DECEMBER 2020 / 1ST POUSHA, 1942 OP (FC). No. 534 OF 2020 AGAINST THE ORDER DATED 11. 12. 2020 IN I. A NO. 9 OF 2020 IN I. A. NOS. 3 AND 5 OF 2020 IN OP 342/2016 OF FAMILY COURT, THALASSERY PETITIONER: REKHA K. P. , AGED 39 YEARS D/O. KUMARAN KUTTY, GALAXY APARTMENT, KACHERI, KOZHIKODE BY ADV. SRI. V. A. JOHNSON (VARIKKAPPALLIL) RESPONDENT: SHAJU M. , AGED 47 YEARS S/O. LATE. CHANDRAN, 'RESAMISHY', KRISHNAN NAIR ROAD, VENGERI, KURUVISSERY P. O. , KOZHIKODE 673 006 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 22. 12. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O. P (FC) No. 534 of 2020 :: 2 :: K. Vinod Chandran & T. R. Ravi, JJ. ------------------------------------- O. P. (FC) No. 534 of 2020 ------------------------------------nd Dated, this the 22 day of December, 2020 J U D G M E N T Chandran, J.
The grievance of the petitioner is with respect order passed in Ext. P5 wherein the child has been directed to produce on 24. 12. 2020 for handing over to the respondent father. It is the case of the father that child though earlier willing to go with the father is resisting the same. We see that the learned Judge directed the child to be produced before the Chief Ministerial Officer and also directed to give counseling Principal Councilor attached to the Courts. We are opinion that the learned Judge himself should out the interaction with the child and ascertain willingness, after the Councilor speaks to the child. child is willing definitely he has to be send with the father. The learned Judge would keep in that the child is produced from the custody of the mother who has ample influence on the child. In the nature of the orders passed we are of the opinion that no O. P (FC) No.
534 of 2020 :: 3 :: notice need be issued to the respondent, since it does not in any manner prejudice the petitioner. It only ensures proper interaction to be conducted by the Family Court Judge itself to ascertain the mind of the child. Original petition is disposed of. Sd/- K. VINOD CHANDRAN JUDGE Sd/- T. R. RAVI JUDGE jma O. P (FC) No. 534 of 2020 :: 4 :: PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE JUDGMENT IN O. P NO. 342/2016 OF THE COURT OF THE JUDGE FAMILY COURT, THALASSERI DATED 06. 10. 2017 EXHIBIT P2 : TRUE COPY OF THE COMMON ORDER IN I. A. NOS. 3/2020 AND I. A. NO. 5/2020 IN O. P NO. 342/2016 OF THE COURT OF THE JUDGE FAMILY COURT, THALASSERI DATED 13. 11. 2020 EXHIBIT P3 : TRUE COPY OF THE I. A. NO. 2/20 IN O. P 342/16 OF THE COURT OF THE JUDGE FAMILY COURT, THALASSERI DATED JULY 2020 EXHIBIT P4 : TRUE COPY OF THE I. A. NO. 7/2020 IN O. P NO. 342/2016 OF THE COURT OF THE JUDGE FAMILY COURT, THALASSERI DATED 12. 09.
2020 EXHIBIT P5 : TRUE COPY OF THE ORDER DATED 11. 12. 2020 IN I. A NO. 9/2020 IN I. A NOS. 3 AND 5 OF 2020 IN O. P NO. 342/2016 OF THE COURT OF THE JUDGE FAMILY COURT THALASSERI.
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.