Jaison v. Rasna

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE 4TH DAY OF JUNE 2015/14TH JYAISHTA, 1937 OP (FC).No. 463 of 2014 (R) ---------------------------- AGAINST THE ORDER IN GOP 907/2013 of FAMILY COURT, IRINJALAKUDA PETITIONER:

----------- JAISON, S/O.THEKKEKARA KORATH SANY, PULLUR VILLAGE & DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT:

----------- RASNA, D/O.KOKKADAN JOSEPH, PUDUKKAD DESOM, THORAVU VILLAGE, THRISSUR DISTRICT.

BY ADV. SRI.M.SHAJU PURUSHOTHAMAN THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 04-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (FC).No. 463 of 2014 (R) ---------------------------- APPENDIX PETITIONER'S EXHIBITS:

---------------------- EXT.P1:TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER IN GOP 907/13. EXT.P2: TRUE COPY OF THE REPORT OF THE CHIEF MINISTERIAL OFFICER OF THE FAMILY COURT IN GOP 907/13.

EXT.P3: TRUE COPY OF THE PETITION IA 1488/14 FILED BY THE PETITIONER IN GOP 907/13.

RESPONDENT'S EXHIBITS:

---------------------- EXT.R1(a) TRUE COPY OF THE MEMO DATED 16.5.2014. EXT.R1(b) TRUE COPY OF THE AFFIDAVIT DATED 19.8.2014. EXT.R1(c) TRUE COPY OF THE PETITION DATED 5.6.2014. /TRUE COPY/ P.S TO JUDGE cl

C.K. ABDUL REHIM & K. RAMAKRISHNAN, JJ.

................................................. .................................................. Dated this the 4th day of June, 2015.

JUDGMENT

Ramakrishnan, J:

The petitioner in GOP.No.907/2013 before the Family Court, Irinjalakuda has filed this petition seeking a direction to consider Ext.P3 and take appropriate action on that basis in respect of an incident happened in the Family Court in connection with compliance of the order passed by the Family Court in respect of interim custody of the children.

2. It is seen from the order of the Family Court in I.A.No.1874/2013 in O.P.No.764/2012 that the Sub Inspector of Police, Irinjalakuda has registered a crime against one of the spouses as to the untoward incident occurred at the time of interaction of the CMO. So under the circumstances, no order need be passed in respect of Ext.P3 petition filed by the petitioners by this Court invoking the supervisory jurisdiction. Further, if the petition is not disposed of by the Family Court, that court is at liberty to pass appropriate orders in that application in accordance with law after hearing the

counsel for the respondent in that petition as well. With the above directions and observations, this petition is disposed of.

Sd/- C.K. ABDUL REHIM, JUDGE.

Sd/- K. RAMAKRISHNAN, JUDGE.

/true copy/ P.S to Judge cl