Jemy Joseph v. Renal Rappai
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN MONDAY, THE 5TH DAY OF JANUARY 2015/15TH POUSHA, 1936 OP (FC).No. 608 of 2014 (R) ---------------------------- PETITIONER(S)/PETITIONER:
------------------------------------------------ JEMY JOSEPH AGED 30 YEARS D/O.JOSEPH, PALATHINGAL HOUSE IRINJALAKUDA VILLAGE & DESOM, MUKUNDAPURAM TALUK THRISSUR DIST BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.N.L.BITTO RESPONDENT(S)/RESPONDENT:
-------------------------------------------------- RENAL RAPPAI S/O.RAPPAI, MAVELI HOUSE, THURAVNKADU DESOM PULLUR VILLAGE, MUKUNDAPURAM TALUK THRISSUR DIST-680001 THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 05-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No. 608 of 2014 (R) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:- A TRUE COPY OF THE IA 2278/2014 IN OP 794 OF 2013 BEFORE THE FAMILY COURT, IRINJALAKUDA DTD 22/10/2014 EXHIBIT P2:- A TRUE COPY OF OBJECTION FILED BY THE PETITIONER IN IA 2278/2014 IN OP 794 OF 2013 BEFORE THE FAMILY COURT INRINJALAKUDA DTD 22/11/2014 EXHIBIT P3:- A TRUE COPY MEDICAL CERTIFICATE ISSUED FROM CRAFT HOSPITAL KODUNGALLOOR DTD NIL EXHIBIT P4:- A TRUE COPY OF DISCHARGE SUMMARY ISSUED FROM CRAFT HOSPITAL KODUNGALLOOR DTD 6/9/2014 EXHIBIT P5:- ORDER PASSED IN IA 2278/2014 IN OP 794 OF 2013 BEFORE THE FAMILY COURT IRINJALAKUDA DTD 20/12/2014 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True copy // PA to Judge das
V.K. MOHANAN & P.D. RAJAN, JJ.
=================================== O.P.(FC). No. 608 of 2014 ================================= Dated this the 5th day of January, 2015
JUDGMENT
V.K.Mohanan,J.
The challenge in the above original petition under Article 227 of the Constitution of India, is against Ext.P5 order, at the instance of the mother of the ward namely Angel Maria, who is the daughter of the petitioner and the respondent. By the impugned order, the learned Judge of the Family Court made some arrangements for the interim custody of the child with the petitioner therein, who is the father. On a reading of Ext.P5 it would show that the said arrangement was for two days, i.e., on 26th and 27th December, 2014 between 10AM to 4.30PM. While admitting the above original petition, by order dated 23.12.2014, this Court stayed operation of the above order.
2.
As on today, the above original petition virtually become infructous. So no further orders are necessary in
-2O.P.(FC). No. 608 of 2014 the above original petition and thus the original petition is liable to be dismissed as infructuous.
The learned counsel appearing for the respondent expressed his apprehension that in case any of the parties the Family Court again for interim custody of the child, the order passed by this Court is likely to influence the court below. We are sure that in case any of the parties approache the court below for interim custody of the child, the court below will pass appropriate orders considering the welfare of the child, untrammeled by the order issued by this court on 23.12.2014 in I.A. No.2278 of 2014.
This original petition is accordingly dismissed as infructuous, however subject to the above observations. Sd/- V.K. MOHANAN JUDGE Sd/- P.D. RAJAN JUDGE das