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Rasna vs Jaison Korathu

High Court Of Kerala|10 June, 2014
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JUDGMENT / ORDER

Hariprasad, J.
The petitioner is the respondent in GOP No.907/13 pending before the Family court, Irinjalakuda. She approached this Court under Article 227 of the Constitution of India, challenging the order passed by the court below in I.A.No.1037/14 in the above proceedings. As per the impugned order (Ext.P5), the court below allowed the respondent herein (father of the minor children) to take custody of the children on 7.6.2014.
2. Heard the learned counsel for the petitioner. We have carefully perused the impugned order.
3. It is submitted by the learned counsel for the petitioner that the directions in Ext.P5 order, have not been complied with by the petitioner. The petitioner would O.P.(F.C.)No.285 of 2014 2 contend that the order passed by the court below is without considering her contentions in the correct perspective. According to the petitioner, the respondent (father of the children) is a mentally ill person and incapable of looking after the children. Hence, considering the welfare of the children, the court should not have passed such an order, is the contention raised by the petitioner. However, we do not wish to make any opinion regarding those aspects, since the matter is pending consideration before the court below. It is seen from the order that the direction given to the petitioner herein was to produce the children before the Chief Ministerial Officer in the court below on 7.6.2014 and hand over the children to the respondent/father for a certain period of time. Thereafter, the petitioner was allowed to take back the children from the Chief Ministerial Officer of the court. The fact remains that the petitioner did not comply with the order, whatever be the reason attributable. We do not find any reason to interfere with the order as it has already been worked out. The petitioner O.P.(F.C.)No.285 of 2014 3 is free to raise appropriate contentions before the court below, in case she is asked to explain the reasons for her breach. In that event, the court below shall consider the matter in accordance with law. With this observation, this O.P. is closed.
Sd/-
V.K.MOHANAN, Judge ami/ Sd/-
A.HARIPRASAD, Judge //True copy// P.A. to Judge
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Title

Rasna vs Jaison Korathu

Court

High Court Of Kerala

JudgmentDate
10 June, 2014
Judges
  • V K Mohanan
  • A Hariprasad
Advocates
  • M Shaju Purushothaman
  • Sri
  • K S Rajesh