SOBHANA NAIR Vs. SHAJI S.G. NAIR

JUDGEMENT

(1.) The petitioner has filed this O.P.(FC) under Article 227 of the Constitution of India, mainly seeking an order to set aside Ext.P12 common order dated 13.08.2015 of the Family Court, Thiruvananthapuram in I.A.Nos.1750, 1756, 1844 and 1845 of 2015 in O.P.(G&W)No.1097 of 2015.

(2.) The petitioner filed O.P.(G&W)No.1097 of 2015 [Ext.P1] before the Family Court, under Section 7 of the Guardians and Wards Act, 1890, read with Section 7 of the Family Courts Act, 1984 seeking for an order to appoint her as guardian of the minor children, viz. Sreya L.S.Nair and Avinash L.S.Nair; to grant her legal custody of the minor children; injunct the respondent from taking away the minor children from her custody, without prior permission of the Court, as long as she keeps the minor children under her custody; and to direct the respondent to transfer due share of the minor children in all the properties, both movable and immovable, left behind by late Lekshmi. Along with the said petition, the petitioner filed I.A.No.1750 of 2015 [Ext.P2] for production of minor children before the Family Court; I.A.No.1756 of 2015 [Ext.P2(a)] mainly for furnishing the details of properties, both movable and immovable, left behind by her deceased daughter and the steps taken by the respondent to transfer due share in such properties in favour of the minor children; I.A.No.1844 of 2015 [Ext.P2(b)] to give her interim custody of the minor children till the final disposal of O.P.(G&W)No.1097 of 2015; and I.A.No.1845 of 2015 [Ext.P2(c)] seeking an order of injunction restraining the respondent from removing the minor children from the jurisdiction of the Family Court, Thiruvananthapuram.

(3.) On receipt of notice in Ext.P1 original petition and Exts.P2(a) to P2(c) interlocutory applications, the respondent entered appearance and filed counter affidavits in the interlocutory applications. The respondent filed Ext.P3 counter affidavit in Ext.P2(b) application and Ext.P3(a) counter affidavit in Ext.P2(c) application. The petitioner has also filed Exts.P4 and P4(a) reply affidavits.