Haseena Rani vs Nanoosh Kumar EU

The petitioner challenges Ext.P7, however, conceding that I.A.No.7/2024 has been filed by him against the said order before the learned Family Court, Mavelikkara - seeking its review; and that the same is also dismissed. He, however, says that the certified copy of the said order is yet to be issued to his client.

Sri.M.G.Sreejith – learned counsel for the petitioner, then submitted that, while so, the respondent filed I.A.No.8/2024 before the learned Family Court, seeking that the jurisdictional Station House Officer be ordered to produce the child before the Court and that this has been allowed; but that, again, the said order has not been received by his client.

Hearing Sri.M.G.Sreejith as afore, we directed the Registry to get information from the learned Family Court, as to the fate of the orders in I.A.Nos.7/2024 and 8/2024.

The learned Family Court thereupon gave us a report that there were certain defects in the application for certified copy of the orders and that as soon as it is cured, it will be issued.

Today, Sri.M.G.Sreejith appearing for the petitioner, conceded that his client is likely to obtain the orders in I.A.Nos.7/2024 and 8/2024 immediately.

Taking note of the totality of the afore circumstances, we do not deem it necessary to enter into the merits of Ext.P7 at this stage because, obviously, the petitioner will have to challenge the order stated to have been issued by the learned Family Court in I.A.No.7/2024 filed by him to review the same.

Indubitably, any further proceedings pursuant to the order in I.A.No.8/2024 will also require to be deferred for a short period, so that the petitioner can invoke his eligible remedies.

In the afore circumstances, we close this original petition, without entering into the merits of Ext.P7 and leaving all contentions open; with liberty to the petitioner to approach this Court again with a fresh one, challenging the order in I.A.No.7/2024 also.

In order to enable the petitioner to do so, we direct that the learned Family Court will defer all further action pursuant to the order in I.A.No.8/2024 in OP(GW) No.64/2024 for a further period of seven days from today.