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P.P.Vijayan vs T.V.Sobha

High Court Of Kerala|18 December, 2014
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JUDGMENT / ORDER

Mohanan, J.
The petitioner herein is the respondent in Ext.P2 petition, I.A. No.4769/14, in G.O.P. No.1598/14 of the Family Court, Thrissur, which is a petition moved by the respondent herein for the interim custody of the minor children of both the petitioner and the respondent herein. According to the petitioner, the petitioner married the respondent in accordance with the religious custom and rites and in that wedlock two children, namely Vasudev and Viswanath, born to them and subsequently due to discord in the marital life they are living separately and various litigations are pending between them. While so, the respondent herein filed G.O.P. No.1598/14 for declaring herself as the guardian of the said children and during the pendency of the said petition the respondent herein moved I.A. No.4769/14 and the learned Judge issued an interim order with respect to the custody of the children in favour of the respondent.
2. The grievance now projected by the petitioner is that O.P(FC).601/14 :2:
though the petitioner applied for the certified copy of the said order, without serving the copy, the said interim order is going to be executed and posted the above interlocutory application on 20/12/2014 for handing over the children. According to the petitioner, he proposed to file an appeal against the said order. But without getting the order, a proper appeal cannot be filed before this Court and therefore, it is prayed to direct the Family Court, Thrissur, to issue the certified copy of the order dated 15/12/2014 on I.A. No.4769/14 in G.O.P. No.1598/14.
2. Heard the counsel for the petitioner. As we are not proposed to enter into any finding on the grounds raised by the counsel for the petitioner and considering the nature of the order which we are proposed to issue in this petition, notice to the respondent is dispensed with.
3. The learned counsel for the petitioner submitted that immediately after the pronouncement of the interim order dated 15/12/2014 in I.A. No.4769/14 in G.O.P. No.1598/14, a copy application has been filed before the Family Court. But so far the certified copy of the order is not furnished to the petitioner and without getting the order, the petitioner is not in a position O.P(FC).601/14 :3:
to approach this Court to challenge the said order. We find some force in the said submission. Therefore, we are inclined to dispose this writ petition directing the Family Court, Thrissur to furnish certified copy of the above order to the petitioner.
In the result, this original petition is disposed of directing the Family Court, Thrissur, to issue the certified copy of the order dated 15/12/2014 in I.A. No.4769/14 in G.O.P. No.1598/14 to the petitioner forthwith, if the petitioner had already filed a proper application for the same and the learned Judge of the Family Court is further directed to keep in abeyance the operation and implementation of the order dated 15/12/2014 in I.A. No.4769/14 in G.O.P. No.1598/14, for a period of one month from today.
(V.K.MOHANAN, JUDGE)
(K.HARILAL, JUDGE)
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Title

P.P.Vijayan vs T.V.Sobha

Court

High Court Of Kerala

JudgmentDate
18 December, 2014
Judges
  • V K Mohanan
  • K Harilal
Advocates
  • N M Madhu Smt
  • C S Rajani