SREESHMA A. DEVAN Vs. NITHEESH KUMAR O.

JUDGEMENT

(1.) The petitioner in this Original Petition, filed under Article 227 of the Constitution of India, and the respondent herein are wife and husband.

(2.) The respondent had filed O.P.(G&W) No.210 of 2024 before the Family Court, Kattappana, praying for the custody of the minor girl child - 'Nivedya'. The Family Court, Kattappana, by an order dtd. 9/4/2024, in I.A. No.3 of 2024 in O.P.(G&W) No.210 of 2024, had issued an exparte order of temporary injunction against the petitioner herein from forcefully taking the minor child 'Nivedya' except under the due process of law till disposal of the original petition.

(3.) It is the above order passed by the Family Court, Kattappana, that is under challenge in this Original Petition. The main contention raised in this Original Petition is that, the child was with the petitioner all along. On 9/4/2024, the respondent husband came to the residence of the petitioner-wife and forcefully took away the child. The petitioner has also placed on record the complaint filed before the District Police Chief, Pathanamthitta, and the Perumpetty Police Station on 10/4/2024, as evidenced by Exts.P2 and P3. It is further stated that the petitioner came to know about Ext.P5 order issued by the Family Court, through the child line and therefore the petitioner filed Ext.P6 I.A. No.5/2024 in O.P.(G&W) No.210 of 2024 for advancing the case. This is followed by Ext.P7 I.A. No.6 of 2024 in O.P.(G&W) No.210 of 2024 challenging the maintainability of the Original Petition filed by the respondent herein and Ext.P8 I.A. No.7 of 2024 seeking to set aside exparte injunction order issued by the Family Court. It is also noticed that Exts.P9 and P10 objections were filed by the respondent herein against the prayers made by the petitioner. Placing reliance on Ext.P11 case status report, the petitioner contends that the Family Court, Kattappana, though posted the I.As on various dates, has not taken any decision thereon till date. In such circumstances, this Original Petition is filed praying for the following reliefs: