Anjana Chandran vs Haneesh

P.G. Ajithkumar, J.

Mother of the child Dev Haneesh Hambeerakath, born on 03.07.2015 has filed this Original Petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. She seeks to issue an order granting sole parental responsibility of the child to the petitioner for the purpose of availing Visa to travel to United Kingdom or in the alternative to direct the Family Court, Thrissur to consider and pass orders on Ext.P6 application.

The petitioner has filed Ext.P6, I.A.No.5 of 2023 in O.P.No.485 of 2023 before the Family Court, Kunnamkulam, seeking to issue sole legal responsibility certificate. O.P.No.485 of 2023 was originally filed before the Family Court, Thrissur. On the commencement of the Family Court, KUnnamkulam, it was transferred to that court. Since the Judge, Family Court, Thrissur is holding additional charge of the Family Court, Kunnamkulam, this matter was taken up for consideration by the Judge, Family Court, Thrissur.

Considering the urgency, notice was directed to be served on the respondent by Special Messenger. The respondent is not available in station and he is abroad. On his instructions, his brother received notice. The respondent did not chose to appear before this Court.

On 15.02.2023, the Registry was directed to call for a report from the Family Court, Thrissur regarding the present status of I.A.No.5 of 2023 (Ext.P6). The learned Judge reported that the said interlocutory application stands posted for filing counter of the respondent and hearing to 20.02.2023.

Heard  the  learned  counsel  appearing  for  the petitioner.

The petitioner holds a valid Visa of United Kingdom. She intends to take her minor child along with her for which Visa has to be obtained. Only if a sole parental responsibility certificate is produced, Visa of the child can be processed. The petitioner would point out that there is urgency in submitting the sole parental responsibility certificate, since there is time stipulations.

Considering the fact that the matter is concerning welfare of the child, it is necessary to pass appropriate orders on Ext.P6 without any delay. In the circumstances, we dispose of this Original Petition and the Family Court, Thrissur is directed to advance the hearing of I.A.No.5 of 2023 in O.P.No.485 of 2023 (Ext.P6) on the file of the Family Court, Kunnamkulam and take a decision in accordance with law on 17.02.2023 itself, whether or not an objection is filed by the respondent.