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Eliyamma Joseph vs Ancy P

High Court Of Kerala|13 November, 2014
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JUDGMENT / ORDER

V.K. Mohanan, J.
The paternal grand mother of the ward namely Ryan Mano Joseph, aged 7 years is the petitioner herein aggrieved by Ext.P6 order dated 17.10.2014 by which the Family Court, Pathanamthitta declined the request of the petitioner for interim custody of the said ward.
2. Heard learned counsel for the petitioner as well as the respondent.
3. The entire claim and contentions of the petitioner is based upon Ext.P3 settlement arrived through the Kerala State Mediation connected with M.C. No.9 of 2013 of the Judicial First Class Magistrate's Court - I, Pathanamthitta to which the petitioner herein was one of the signatories. It is beyond dispute that the son of the petitioner who is the father of the said ward is settled in Gulf country with his re-married wife. The main petition, O.P.(G&W) No.608 of 2014 filed by the petitioner is pending before the Family Court, Pathanamthitta.
4. Under the above circumstances, we are not proposed to go into the merits of the rival contentions but we are inclined to dispose of this original petition directing the Family Court, O.P.(FC) No.537 of 2014 2 Pathanamthitta to dispose of Ext.P1 as expeditiously as possible.
In the result, this original petition is disposed of directing the Family Court, Pathanamthitta to take up Ext.P1 and dispose of the same as expeditiously as possible since the above O.P. is instituted during the year 2014. We are not proposed to impose any time limit for the disposal of the above matter but we direct the respondent to produce the ward on all posting dates of the case on which dates the petitioner can appear in that court in person and have interaction with the child. The trial court is directed to post the matter, at last once in every 45 days.
Subject to the above direction and observation, this O.P. is disposed of.
Sd/-
V.K. MOHANAN, JUDGE Sd/-
P.B.SURESH KUMAR, JUDGE //true copy// P.A. To Judge smv
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Title

Eliyamma Joseph vs Ancy P

Court

High Court Of Kerala

JudgmentDate
13 November, 2014
Judges
  • V K Mohanan
  • P B Suresh Kumar
Advocates
  • V Sethunath Sri
  • V R Manoranjan
  • Muvattupuzha