SHOLY GEORGE Vs. ASHWIN MATHEW

JUDGEMENT

(1.) The petitioner is the respondent in O.P(G&W) No.264 of 2021 on the file of the Family Court, Thiruvalla, a petition filed by the respondent herein, claiming permanent custody of the minor child Anand Mathew who is aged 13 1/2 years. In that original petition, the petitioner was set ex parte on 27/8/2022. The petitioner filed I.A.No.3 of 2022 seeking an order to set aside the ex parte order. That application was heard on 15/9/2022 and the Family Court rejected the same. The petitioner submitted an application (Ext.P6) i.e., I.A.No.4 of 2022 for obtaining a carbon copy of that order. He is yet to be issued with a copy of the said order. The petitioner is before this Court, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order directing the Family Court, Thiruvalla, to issue carbon copy of the order dtd. 15/9/2022 in I.A.No.3 of 2022 in O.P.(G&W) No.264 of 2021 dismissing the application to set aside the exparte order dtd. 27/8/2022 passed against her in the above said case and as applied for in Ext.P6 application forthwith and further direct the Family Court to defer further proceedings in O.P.(G&W) No.264 of 2021, at least for a period of one month, after issuance of a copy of the order, to enable her to pursue her remedies against the same before this Court.

(2.) Heard the learned counsel for the petitioner. Considering the nature of relief proposed to be granted, service of notice on the respondent is dispensed with.

(3.) I.A.No.3 of 2022, the application filed by the petitioner seeking an order to set aside the ex parte order in O.P.(G&W) No.264 of 2021 is one filed within the period of limitation. That application now stands rejected by the order dtd. 15/9/2022. The petitioner filed I.A.No.4 of 2022 on the very next day, i.e., on 16/9/2022 for obtaining a carbon copy of that order. She is yet to be issued with a carbon copy of that order, in order to pursue her remedy before this Court.