Rajasree Rajan vs Sreeraj K

Anil K. Narendran, J.

The petitioner-wife filed O.P(G&W)No.68 of 2021 before the Family Court, Mavelikkara against the respondent herein-husband, seeking permanent custody of the minor child by name Sreevardhan S. (born on 21.10.2015) and to take him along with her to her workplace at U.K. The petitioner has filed this original petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Family Court, Mavelikkara to consider Ext.P9 as proper service of notice on the respondent and accordingly dispose of Ext.P6 interlocutory application, i.e., I.A.No.2 of 2021 in O.P.No.68 of 2021. The petitioner has also sought for an order of interim custody of the minor child by name Sreevardhan, with the petitioner for taking him along with her to her workplace at U.K.

On 10.10.2022, when this original petition came up for admission, this Court issued notice on admission to the respondent by speed post returnable by 27.10.2022. The petitioner was permitted to take out notice to the respondent in his local address. The learned counsel for the petitioner was directed to furnish the e-mail ID of the respondent, within two days, and Registry was directed to issue notice to the respondent through email as well.

Today, when the matter is taken up for consideration, Adv.Sri.C.R.Jayakumar entered appearance for the respondent.

Heard the learned counsel for the petitioner-wife and also the learned counsel for the respondent-husband.

The learned counsel for the respondent would submit that the respondent shall appear before the Family Court, Mavelikkara in O.P.No.68 of 2021 on a date to be fixed by this Court. The respondent shall co-operate for a time bound consideration of I.A.No.2 of 2021, subject to his right to have online interaction with the minor child and also visitorial right during vacation.

The learned counsel for the petitioner would submit that considering the facts and circumstances of the case, as pointed out in this original petition, a time bound consideration of Ext.P6, i.e., I.A.No.2 of 2021 in O.P.No.68 of 2021 is highly essential.

Having considered the submissions made by the learned counsel on both sides, we deem it appropriate to dispose of this original petition with the following directions;

(i) The petitioner and the respondent shall appear before the Family Court, Mavelikkara on 29.10.2022.

(ii) On production of a certified copy of this judgment, the Family Court, Mavelikkara shall advance O.P.(G&W)No.68 of 2021 to 29.10.2022 and consider I.A.No.2 of 2021 filed by the petitioner and pass appropriate orders thereon, on 29.10.2022 itself, since the specific stand taken by the respondent before this Court is that, he has no objection in the petitioner taking the minor child along with her to her workplace in U.K., subject to the right of the respondent to have online interaction with the minor child and also visitorial right during vacation and the copy of the order shall be issued to both parties without any delay, since it is submitted by the learned counsel for the petitioner that, for processing the application for Visa, the petitioner is required to produce the order of the Family Court on or before 31.10.2022.